2521 

11 1 1 



THE 



PUBLIC SCHOOL LAW 



NORTH CAROLINA 



BEING A PART OF 

CHAPTER 89, REVISAL OF 1905, AS AMENDED BY THE 
GENERAL ASSEMBLY OF 1907, 1909 AND 1911 

TOGETHER WITH 

EXPLANATORY NOTES AND DECISIONS OF 

THE STATE SUPERINTENDENT OF ^ 

PUBLIC INSTRUCTION 



RALEIGH 
ISSUED FROM OFFICE OF 80PERINTENDENT OF PUBLIC INSTRUCTION 

1911 



'^ipxM'J MMi^fxaJ AX^^ 4/iMMAAZ^j M^- 



THE 



PUBLIC SCHOOL LAW 



NORTH CAROLINA 



BEING A PABT OF 



CHAPTER 89, REVISAL 1905, AS AMENDED BY THE 
GENERAL ASSEMBLY OF 1907, 1909 AND 1911. 



RALEIGH 

ISSUED FROM OFFICE OF SUPERINTENDENT OF PUBLIC INSTRUCTION 

1911 






E. M. UZZELL & CO. 

PRINTERS 

RALEIGH, N. C. 



Ib Exchange 
Univ. of North Carolina 
MAR 1 5 1935 



TABLE OF CONTENTS. 



\ 



Peefatoby Note. 

Education in Oub Constitution. 

New School Legislation, 1911. 

County Farm-life School Law. 
Special Comity Taxation for Schools. 

The Public School Law. 

I. Application of Chapter, Section 4029. 
II. The State Board of Education, Sections 4030-4035. 

III. Loans for Building Schoolhouses, Sections 4053-405G. 

IV. The School System and the Course of Study, Sections 

4085-4088. 
V. The General Powers and Duties of the State Superin- 
tendent, Sections 4089-4092. 
VI. School Funds Provided by the State, Sections 4093-4100. 
VII. School Funds Provided by County and Local Taxation 
and Apportionment of same. Sections 4107-4118. 
. VIII. The Powers and Duties of the County Board of Educa- 
tion, Sections 4119-4134. 
IX. The Powers and Duties of the County Superintendent. 
Sections 4135-4144. 
X. The Powers and Duties of the School Committee, Sec- 
tions 4145-4151. 
XI. The Treasurer of the School Fund. Sections 4152-4160. 
XII. Privileges and Duties of Teachers, Sections 4101-4167. 
XIII. Rural Libraries, Sections 4172-4179. 
XIV. Separate Schools for Indians of Robeson County, Sec- 
tions 4168-4171. 

Text-book Law, Sections 4057-4084. 

Public High-school Law. 

The Child-labor Law. 

Compulsory-attendance Law. 

Deaf Children Must Attend. 

Scientific Temperance Instruction. ^ 

Health Law. 

Index to Public School Law. 



PREFATORY NOTE. 



This compilation of the Public School Laws of North Carolina is 
issued in this form, in accordance with Section 4089 of the Revisal 
of 1905. 

The amendments made to the School Law by the General As- 
sembly of 1911 are printed in italics in the amended sections. 

This compilation also contains the legislation of 1907 relative to 
high schools, compulsory attendance, the employment of children 
in factories, attendance of deaf children, and scientific temper- 
ance instruction, with the amendments of 1909, and also the 
amendments (in italics) and the new school legislation of 1911. 
The notes, decisions, and other matter, it is hoped, will be found 
convenient and useful. 

A careful reading of the law by all school officers and teachers 
will prevent many mistakes and burdensome correspondence and 
delay. ^ ^^ ^ 

J. Y. JOYNEE, 

Superintendent of Puhlic Instruction. 
Raleigh, April, 1911. 



EDUCATION IN OUR CONSTITUTION. 



Article IX of the Constitution of North Carolina relates to edu- 
cation. It reads as follows : 

Section 1. Religion, morality and knowledge being necessary to 
good government and the happiness of mankind, schools and the 
means of education shall forever be encouraged. 

Sec. 2. The General Assembly, at its first session under this 
Constitution, shall provide by taxation and otherwise for a general 
and uniform system of public schools, wherein tuition shall be free 
of charge to all the children of the State between the ages of six 
and twenty-one years. And the children of the white race and the 
children of the colored race shall be taught in separate public 
schools ; but there shall be no discrimination in favor of or to the 
prejudice of either race. 

Sec. 3. Each county of the State shall be divided into a conven- 
ient number of districts, in which one or more public schools shall 
be maintained at least four months in every year; and if the com- 
missioners of any county shall fail to comply with the aforesaid 
requirements of this section they shall be liable to indictment. 

Sec. 4. The proceeds of all lands that have been or hereafter 
may be granted by the United States to this State and not other- 
wise appropriated by this State or the United States, also all 
money, stocks, bonds and other property now belonging to any 
State fund for purposes of education, also the net proceeds of all 
sales of the swamp lands belonging to the State, and all other 
grants, gifts or devises that have been or hereafter may be made 
to the State and not otherwise appropriated by the State or by the 
terms of the grant, gift or devise, shall be paid into the State 
Treasury, and, together with so much of the ordinai-y revenue of 
the State as may be by law set apart for that purpose, shall be 
faithfully appropriated for establishing and maintaining in this 
State a system of free public schools, and for no other uses or pur- 
poses whatsoever. 

Sec. 5. All moneys, stocks, bonds, and other property belonging 
to a county school fund, also the net proceeds from the sale of 
estrays, also the clear proceeds of all penalties and forfeitures and 
of all fines collected in the several counties for any breach of the 
penal or military laws of the State, and all moneys which shall 



6 Education in Constitution. 

be paid by persons as an equivalent for exemption from military 
duty shall belong to and remain in the several counties and shall 
be faithfully appropriated for establishing and maintaining free 
public schools in the several counties in this State: Provided, 
that the amount collected in each county shall be annually re- 
ported to the Superintendent of Public Instruction. 

Sec. 6. The General Assembly shall have power to provide for 
the election of trustees of the University of North Carolina, in 
whom, when chosen, shall be vested all the privileges, rights, fran- 
chises and endowments thereof in anywise granted to or conferred 
upon the trustees of said University; and the General Assembly 
may make such provisions, laws and regulations from time to time 
as may be necessary and expedient for the maintenance and man- 
agement of said University. 

Sec. 7. The General Assembly shall provide that the benefits of 
the University, as far as practicable, be extended to the youth of 
the State free of expense for tuition; also that all the property 
which has heretofore accrued to the State or shall hereafter accrue 
from escheats, unclaimed dividends or distributive shares of the 
estates of deceased persons shall be appropriated to the use of the 
University. 

Sec. 8. The Governor, Lieutenant Governor, Secretary of State, 
Treasurer. Auditor, Superintendent of Public Instruction, and 
Attorney-General shall constitute a State Board of Education. 

Sec. 9. The Governor shall be president and the Superintendent 
of Public Instruction shall be secretary of the Board of Education. 

Sec. 10. The Board of Education shall succeed to all the powers 
and trusts of the president and directors of the literary fund of 
North Carolina, and shall have full power to legislate and make 
all needful rules and regulations in relation to free public schools 
and the educational fund of the State; but all acts, rules and 
regulations of said board may be altered, amended or repealed by 
the General Assembly, and when so altered, amended or repealed 
they shall not be reeuacted by the board. 

Sec. 11. The first session of the Board of Education shall be 
held at the capital of the State within fifteen days after the 
organization of the State Government under this Constitution ; the 
time of future meetings may be determined by the board. 

Sec. 12. A majority of the board shall constitute a quorum for 
the transaction of business. 

Sec. 13. The contingent expenses of the board shall be provided 
by the General Assembly. 



Educational Qualification. 7 

Sec. 14. As soon as practicable after the adoption of this Con- 
stitution the General Assembly shall establish and maintain in 
connection with the University a department of agriculture, of 
mechanics, of mining and of normal instruction. 

Sec. 15. The General Assembly is hereby empowered to enact 
that every child of suflicient mental and physical ability shall 
attend the public schools during the period between the ages of 
six and eighteen years for a term of not less than sixteen months, 
unless educated by other means. 

Section 27: The people have the right to the privilege of edu- 
cation, and it is the duty of the State to guard and maintain that 
right. — 5(7/ of Rights. North Carolina Constitution. 

EDUCATIONAL QUALIFICATION FOR SUFFRAGE. 

Article VI, section 4. of the Constitution of North Carolina con- 
tains the following: 

Every person presenting himself for registration shall be able 
to read and write any section of the Constitution in the English 
language ; and before he shall be entitled to vote he shall have 
paid, on or before the first day of May of the year in which he 
proposes to vote, his poll tax for the previous year, as prescribed 
by Article V, section 1, of the Constitution. But no male person 
who was on January 1, 1867, or at any time prior thereto, entitled 
to vote under the laws of any State in the United States wherein 
he then resided, and no lineal descendant of any such person, shall 
be denied the right to register and vote at any election in this 
State by reason of his failure to possess the educational qualifica- 
tions herein prescribed : Provided, he shall have registered in 
accordance with the terms of this section prior to December 1, 1908. 



KEW SCHOOL LEaiSLATIO:Nr, 1911. 



COUNTY FARM-LIFE SCHOOL LAW. 



AN ACT TO PROVIDE FOR THE ESTABLISHMENT AND 
MAINTENANCE OF COUNTY FARM-LIFE SCHOOLS AND 
FOR THE PROMOTION OF AGRICULTURE AND HOME- 
MAKING. 

The General Assembly of 'North Carolina do enact: 

Section 1. There shall be established and maintained in every 
county complying with the provisions of this act as hereinafter set 
forth a school to be knovs^n as a "County Farm-life School" for the 
training and preparation of the boys and girls of said county for 
farm life and home-making. 

THE AIM OF THE COUNTY FARM-LIFE SCHOOL. 

Sec. 2. The aim of said school shall be to prepare boys for agri- 
cultural pursuits and farm life and to prepare girls for home- 
making and housekeeping on the farm. The course of study in 
said school shall be subject to the approval of the State Superin- 
tendent of Public Instruction and an advisory board on farm-life 
schools, to be appointed by him : Provided, hotcever, that the course 
of study shall include practical work on the farm by the boys and 
practical work in all subjects relating to housekeeping and home- 
making by the girls. 

BOARD OF TRUSTEES. 

Sec. 3. Said school shall be imder the control and management 
of a board of trustees, consisting of one member from each town- 
ship in the county, apixtinted by the county board of education, 
who shall serve until their successors shall be appointed. The 
first board of trustees shall be divided by the county board of 
education into three as nearly equal groups as possible — one group 
shall be appointed for a term of two years, one group for a term 
of four years, and one group for a term of six years. Upon the 
expiration of the term of office of any trustee his successor shall 
be appointed for a term of six years. The county superintendent 



Farm-life Schools. 9 

of public instruction shall be ex officio a member of said board and 
secretary thereof. All vacancies occurring by death, resignation 
or otherwise, in said board shall be filled for the unexpired term 
by the county board of education. 

Sec. 4. Within ten days after any county, township or town- 
ships shall have complied with the pi'ovisions of this act as herein- 
after set forth for the maintenance and equipment of said school, 
the members of the board of trustees shall be appointed, and the 
county superintendent shall duly notify them to meet at the 
county-seat within ten days after their appointment to qualify 

and organize. 

LOCATION. 

Sec. 5. After due advertisement, inviting bids for the location 
of said school within said county, said board of trustees shall 
locate it at such place in said county as shall offer the largest 
financial aid for maintenance and equipment, having due regard 
for desirability and suitability of location: Provided, hoivever, 
that said school shall not be located in any city or town of more 
than one thousand inhabitants, nor within two miles of the cor- 
porate limits of any city or town of more than five thousand in- 
habitants. 

BUILDINGS, FARM, MAINTENANCE, ETC. 

Sec. 6. For the maintenance of said school, the county or town- 
ship or school district, or all combined, wherein it is located, shall 
provide annually, by taxation or otherwise, not less than twenty- 
five hundred dollars. The county or township or school district, 
or all combined, shall also provide by bond issue, or otherwise, the 
following equipment for said school : a school building with reci- 
tation rooms and laboratories and apparatus necessary for effi- 
cient instruction in the prescribed subjects of study ; dormitory 
buildings with suitable accommodations for not less than twenty- 
five boys and twenty-five girls; a barn and dairy building with 
necessary equipment ; a farm of not less than twenty-five acres 
of good arable land. All of said buildings shall be located on said 
farm and shall be constructed in accordance with plans approved 
by the State Superintendent of Public Instruction, and the entire 
equipment shall be subject to his approval and acceptance after 
inspection : Provided, hoivever, that, upon recommendation of the 
board of trustees and the presentation of satisfactory reasons 
therefor, the State Superintendent of Public Instruction may 
grant permission to said board of trustees to accept any suitable 

2 



10 Faem-life Schools. 

and properly equipped school building already constructed, though 
it may not be located on said farm, provided it be located within 
reasonable and convenient distance thereof, and may also grant 
permission to reduce the required acreage for the farm to not less 
than ten acres. 

PROVISION FOR ELECTION IN COUNTY. 

Sec. 7. Upon written request of the county board of education 
of any county, the board of county commissioners of said county 
may in their discretion order an election to be held in said county, 
in accordance with the law governing general elections therein, 
as nearly as may be : Provided, however, that a new registration 
shall be ordered for said election; and not less than thirty days 
notice of said election shall be given at the courthouse door and 
three other public places in said county ; and if there be news- 
papers published in said county, a notice of said election shall 
also be published weekly for four successive weeks preceding said 
election in one newspaper therein; and the registrars and poll- 
holders shall canvass the vote cast, declare the result, and duly 
certify the returns to the board of county commissioners, and the 
returns shall be recorded in the records of said board of county 
commissioners. At said election shall be submitted to the quali- 
fied voters of the county the question of levying and collecting a 
special tax on all taxable property and polls of said county for 
the maintenance and equipment of a "County Farm-life School" 
therein. At such election those favoring the levying and collec- 
tion of such a tax for said purpose shall vote a ballot on which 
shall be written or printed the words "For County Farm-life 
School" ; and those opposed shall vote a ballot on which shall be 
written or printed the words "Against County Farm-life School." 
If a majority of the qualified voters shall vote "For County Farm- 
life School," then all the provisions of this act shall be in full 
force and effect, and the county commissioners shall annually 
levy and cause to be collected, in the same manner and at the 
same time as other taxes of the county are levied and collected, a 
tax on all property and polls of the county suflicient to provide 
the sum required of said county under section six of this act for 
the annual maintenance of said school, and, in addition, the sum 
required for the .payment of the annual interest on such bond 
issue as may be found necessary for providing the equipment for 
said school required under section six of this act, as said interest 
accrues, and to create a sinking fund for the purpose of paying 



FARM-LiiE Stnooi.s. 11 

off and discharging said bonds as they become due. The bond of 

the sheriff or tax collector of said counts' shall be responsible for 

said tax to the same extent as it is liable for other taxes collected 

by him. 

BONDS TO BE ISSUED. 

Sec. 8. If a majority of the qualified voters at the election 
herein provided for shall vote "For County Farm-life School," it 
shall be deemed and held that a majority of the (lualified voters 
are in favor of granting to the board of county commissioners of 
said county authority to issue bonds in an amount not to exceed 
twenty-five thousand dollars for the purpose of providing the nec- 
essary equipment prescribed in section six of this act; and such 
authority shall be granted to and vested in said board of county 
commissioners and said board is hereby authorized and empow- 
ered to issue and sell bonds in the name of said county to an 
amount not to exceed twenty-five thousand dollars, of such de- 
nomination and of such proportion as said board of county com- 
missioners may deem advisable, bearing interest at a rate not to 
exceed six per centum, with interest coupons attached, payable 
at such time or times and at such place or places as may be 
deemed advisable by said board of county commissioners, such 
bonds to be of such form and tenor and transferable in such way, 
and the principal thereof payable or redeemable at such time or 
times, not less than fifteen years from the date thereof, and at 
such place or places as said board of county commissioners may 
determine. The proceeds arising from the sale of said bonds shall 
be expended by said board of county commissioners in providing, 
by purchase or otherwise, the equipment in land, buildings and 
apparatus required in section six of this act for the "County Farm- 
life School": Provided, ho ivever,' that the treasurer of said county 
shall receive no compensation for receiving or disbursing the 
money which may be received from the sale of said bonds. 

ELECTION IN TOWNSHIP— ISSUANCE OF BONDS TO 
SECURE LOCATION. 

Sec. 9. The county commissioners of any county that has voted 
for the establishment of a "County Farm-life School" therein shall, 
upon petition of one-fourth of the freeholders in any township 
applying to the trustees of said "County Farm-life School" to 
secure the location of said school therein, order an election therein, 
to be held after thirty days notice at three public places in said 



12 Fakm-life Schools. 

townsbip, under the law governing State and county elections as 
nearly as may be, and the returns of said election shall be certi- 
fied by the registrars and pollbolders to the board of county com- 
missioners, and the same shall be recorded in the records of said 
county commissioners ; at which election shall be submitted to the 
qualified voters of said township the question of issuing bonds in 
a sum not to exceed twenty-five thousand dollars, the amount of 
said bond issue to be set out in the petition for said election, and 
of levying and collecting on all taxable property and polls in said 
township a special tax suflicient to provide for the payment of the 
interest on said township bonds as it accrues and to create a sink- 
ing fund for the purpose of paying off and discharging said town- 
ship bonds as they become due. At such election, those favoring 
the levying and collection of such a tax for said purpose shall vote 
a ballot on which shall be written or printed the words "For 
County Farm-life School," and those opposed shall vote a ballot 
on which shall be written or printed the words "Against County 
Farm-life School." If a majority of the qualified voters at said 
election shall vote "For County Farm-life School," then it shall 
be deemed and held that a majority of the qualified voters are in 
favor of granting to the board of county commissioners of said 
county authority to issue bonds in the name of said township in 
such amount as shall have been named in the petition and notice 
Of election, to be sold by said commissioners for the purpose of 
aiding in providing the buildings and farm and other equipment 
for the "County Farm-life School," provided said school shall be 
located in said township; and if said school shall be located in 
said township, the board of county commissioners shall annually 
levy and cause to be collected, in the same manner and at the 
same time as other taxes of the county are levied and collected, a 
tax on all property and polls in said township, suflicient to pro- 
vide for the payment of interest on said township bonds as it 
accrues and to create a sinking fund for the purpose of paying off 
and discharging said township bonds as they become due ; and said 
board of county commissioners is hereby authorized and empow- 
ered to issue and sell said bonds of said township to the amount 
specified in said petition and notice of election, of such denomina- 
tion and of such proportion as said board of county commissioners 
may deem advisable, bearing interest at a rate not to exceed six 
per centum, with interest coupons attached, payable at the time 
or times, and at the same place or places, and of the same form 
and tenor, and the principal thereof payable or redeemable at the 



Farm-life Schools. 13 

same time or times and at the same place or places as the county 
bonds issued by said board of county commissioners for the equip- 
ment of said "County Farm-life School." The proceeds arising 
from the sale of said township bonds shall be added to the pro- 
ceeds arising from the sale of said county bonds and expended 
therewith by said board of county commissioners in providing, by 
purchase or otherwise, the equipment in land, buildings and ap- 
paratus required in this act for the "County Farm-life School" : 
Provided, hoicever, that any two or more contiguous townships 
bidding for the location of said "County Farm-life School" may 
unite and hold an election upon the same terms and conditions as 
are herein provided for one township for the location of the 
"County Farm-life School" at such point in said townships as may 
be determined by the board of trustees of said "County Farm-life 
School" : Provided, that the amount of bonds authorized to be 
issued by one or more townships in order to secure the location 
of the "County Farm-life School" in a given township shall be de- 
ducted from the amount of bonds authorized to be issued by the 
county, so as to limit the total issue of the bonds for farm, build- 
ings and equipment to twenty-five thousand dollars. 

IF ELECTION FAILS IN COUNTY, TOWNSHIP OR CONTIGU- 
OUS TOWNSHIPS MAY PROVIDE FOR ESTABLISHMENT 
OF COUNTY FARM-LIFE SCHOOL. 

Sec. 10. In case an election shall be ordered and held in any 
county as herein provided, for the establishment and maintenance 
of a "County Farm-life School" therein, and a majority of the 
qualified voters at such election shall fail to vote "For County 
Farm-life School," any township in said county, or any two or 
more contiguous townships in said county, shall, upon petition of 
one-fourth of the freeholders therein to the board of county com- 
missioners of said county, have an election ordered by said com- 
missioners upon the same terms and conditions prescribed in sec- 
tion nine of this act: Provided, that a new registration shall be or- 
dered ; and if in such election a majority of the qualified voters 
in said township or townships shall vote "For County Farm-life 
School," then, in that event, it shall be deemed and held that the 
board of county commissioners of said county is authorized and 
empowered to issue and sell bonds in the name of said township 
or townships in an amount not to exceed twenty-five thousand dol- 
lars, and to levy and cause to be collected in the same manner 
and at the same time as other taxes of the county are levied and 



14 Fakm-life Schools. 

collected, a sufficient tax on all property and polls in said town- 
ship or townships to comply with all the conditions named in this 
act for the maintenance and equipment of a "County Farm-life 
School," subject to the same conditions as are herein provided 
for the issuance and sale of county bonds and the levying and col- 
lection of a county tax for said purpose; and the said "County 
B'arm-life School" shall thereupon be located at such point in said 
township or townships as may be determined by the board of 
tnistees of said "County Farm-life School" provided for in this 
act; and such school, when thus established, shall be a "County 
Farm-life School" for said county, and shall be subject to all the 
rights, privileges and obligations and conditions prescribed in this 
act for "County Farm-life Schools," except as herein otherwise 
provided: Provided further, that at any time after the establish- 
ment of said "County Farm-life School" by the township or town- 
ships under the provisions of this section, the county may, under 
the provisions of section seven of this act, hold an election as 
therein provided ; and if at said election a majority of the quali- 
fied voters of the county shall vote "For County Farm-life School," 
and the tax and bond issue provided for in said section seven for 
the maintenance and equipment of a County Farm-life School 
shall be provided, as directed therein, by the county commissioners 
for the entire county, said school, established under this section 
by the township or townships, shall become a County Farm-life 
School in all respects like a County Farm-life School established 
under section seven hereof : and the bonds of the township or 
townships and the tax levied for the maintenance of said school 
and for interest and sinking fund on said bonds, under this sec- 
tion, shall be assumed by the entire county, as provided in section 
seven hereof, and the bonds of said township or townships shall be 
canceled by substituting therefor the county bonds provided for 
in section seven hereof. 

HIGH-SCHOOL DEPARTMENT CONDUCTED IN CONNECTION 
WITH COUNTY FARM-LIFE SCHOOL. 

Sec. 11. There shall be established and maintained in connection 
with each County Farm-life School such a high-school course of 
study as is prescribed under the high-school law of the State for 
first-grade public high schools, and for the maintenance of such 
high-school department of the County Farm-life School there shall 
be the same county and State apportionments as are now made 
and required for a first-grade public high school under the pro- 



Farm-life Schools. 15 

visions of the public high-school law of the State. If an additional 
apportionment for said high-school department of said school can- 
not be made out of the State appropriation for public high schools, 
then the State and county appropriations for one or more of the 
existing high schools in said county shall be transferred to the 
maintenance and support of said high-school department of said 
County Farm-life School. If said County Farm-life School shall 
be located at the same place with some existing public high school 
in said county established and maintained under the public high- 
school law of the State, then said public high school shall be merged 
into and become the high-school department of said County Farm- 
life School as an organic part thereof ; and the appropriations for 
the maintenance thereof shall be the same as the appropriations 
now required for a first-grade public high school under the pro- 
visions of the public high-school law of the State. The require- 
ments for teachers in said high-school department of the County 
Farm-life School shall be the same as are now required for high- 
school teachers under the said high-school law. Said high-school 
department and course of study, however, and the entire man- 
agement of the same shall be under the direction and control of 
the board of trustees and the principal of the County Farm-life 
School, and shall be conducted as an organic part of said school. 

CERTIFICATION OF TEACHERS. 

Sec. 12. No person shall be employed as principal in charge of 
any "County Farm-life School" who does not hold a high-school 
teacher's certificate on all required subjects except Latin, Greek, 
and modern languages, including an additional certificate from the 
State Board of Examiners and the president of the North Caro- 
lina College of Agriculture and Mechanic Arts, stating that he 
has furnished satisfactory evidence to them of his qualifications 
by special training and practical experience for said position. 
And no person shall be employed in the department of said 
"County Farm-life School" for the special training of girls for 
hom^-making and housekeeping on the farm who does not hold a 
high-school teacher's certificate on all required subjects except 
Latin, Greek, and modern languages, including an additional cer- 
tificate from the State Board of Examiners and the president of 
the State Normal and Industrial College, stating that such per- 
son has furnished to them satisfactory evidence of qualifications 
by special training and practical experience for said position. 



16 Farm-life Schools. 

AGRICULTURAL AND FARM-LIFE EXTENSION AND DEMON- 
STRATION—SHORT COURSES FOR ADULTS, MEN AND 
WOMEN. 

Sec. 13. It shall be a part of the duty of the faculty of each 
"County Farm-life School" to conduct agricultural farm-life ex- 
tension and demonstration work in said county, in cooperation, 
as far as possible, with such work carried on in said county by 
the State Department of Agriculture, the North Carolina College 
of Agriculture and Mechanic Arts, and the United States Depart- 
ment of Agriculture ; to hold township and district meetings in 
various parts of the county from time to time for farmers and 
farmers' wives ; to cooperate with the county superintendent of 
public instruction and with the county commissioner of agricul- 
ture, where such officer exists, in stimulating, directing, and 
supervising practical farm-life work in the public high schools 
and the elementary schools of the county, and in providing in- 
struction, through the County Teachers' Association and through 
special short courses of study at said "County Farm-life School," 
for the public school teachers of said county. There shall be pro- 
vided in the courses of study of said "County Farm-life School" 
short courses in farm-life studies to which shall be admitted adult 
farmers, men and women ; and there shall be held at said "County 
Farm-life School" annually one or more county meetings for the 
farmers and their wives of said county for instruction and demon- 
stration work. All of the work herein required and all other 
work of the "County Farm-life School" shall be under the general 
supervision of the county superintendent of public instruction, 
and said school shall in all respects be an organic part of the 
county public school system. 

ADMISSION OF STUDENTS FROM OTHER COUNTIES. 

Sec. 14. The board of trustees of the "County Farm-life School" 
of any county is hereby authorized and empowered to admit stu- 
dents from other counties of the State to said school upon pay- 
ment of such rate of tuition as said board of trustees may fix ; 
but all students who are residents of the county in which said 
school is located shall be admitted to said school without charge 
for tuition, except as provided for in section ten of this act ; and 
said board of trustees shall fix all other charges in said school at 
actual cost. 



Farm-life Schools. 17 

TREASURER OF COUNTY FARM-LIFE SCHOOL. 

Sec. 15. The treasurer of said county shall be the treasurer of 
said "County Farm-life School," and shall receive and disburse all 
funds therefor, keeping and rendering annually to the board of 
trustees of said school a separate account of such receipts and 
disbursements : Provided, that said treasurer, if employed on 
salary, shall receive no additional compensation for his services; 
and if employed on commission, he shall receive as compensation 
not to exceed one per cent on all disbursements and nothing on 
receipts. The official bond of said treasurer shall be responsible 
and held liable for all funds coming into his hands for said school 
to the same extent as it is liable for other funds received by him 
as treasurer of said county. 

THE CORPORATE NAME. 

Sec. 16. The board of trustees of the said "County Farm-life 
School" and their successors in office shall be and are hereby con- 
stituted a body corporate by the name and style of "The Board of 

Trustees of the County Farm-life School of County," 

and by that name may sue and be sued, contract and be contracted 
vpith, purchase, hold and sell real estate and personal property, 
receive donations by gift or otherwise, and exercise such other 
rights and privileges as are conferred by law upon corporate 
bodies. The title to all lands and other property of the "County 
Farm-life School" shall vest in said board of trustees. 

APPROPRIATION OF STATE FUNDS. 

Sec. 17. Upon satisfactory evidence furnished to the State Board 
of Education that all the provisions of this act for the establish- 
ment, maintenance, and equipment of a "County Farm-life School" 
have been complied with in any county, the said State Board of 
Education shall order the State Superintendent of Public Instruc- 
tion to issue a requisition upon the State Auditor for the sum of 
two thousand five hundred dollars annually for the maintenance of 
said school, and the State Auditor shall issue his warrant in favor 
of the county treasurer of said county for said amount, which 
shall be paid out of the State Treasury and the money placed 
to the credit of the "County Farm-life School" of said county ; 
and sufficient moneys to pay said warrants are hereby appro- 

3 



18 Fabm-life Schools. 

priated out of any funds in the hands of the State Treasurer not 
otherwise appropriated : Provided, liowever, that there shall not 
be established more than ten such schools in any one year, and that 
not more than one such school shall be established in any county. 

Sec. 18. This act shall be in full force and effect from and after 
its ratification. 

Ratified this the 3d day of March, A. D. 1911. 

1911, c. 84. 



SPECIAL COUNTY TAXATION FOR SCHOOLS. 



AN ACT TO AUTHORIZE ANY COUNTY IN NORTH CARO- 
LINA TO VOTE UPON THE LEVYING AND COLLECTION 
OF A SPECIAL TAX ON PROPERTY AND POLLS TO SUP- 
PLEMENT THE COUNTY SCHOOL FUND OF SAID 
COUNTY. 

The General Assembly of North Carolina do enact: 

Section 1. That the county commissioners of any county, upon 
the petition of the county board of education of said county, may 
order an election to be held in said county to ascertain the will 
of the people whether there shall be levied on all taxable prop- 
erty and polls of said county a special tax, not to exceed thirty 
cents on the one hundred dollars valuation of property and ninety 
cents on each poll, to supplement the county school fund of said 
county. 

Sec. 2. That said election shall be conducted for the county as 
nearly as may be under the same rules and regulations governing 
district special school-tax elections, as set out in section four 
thousand one hundred and fifteen of the Revisal of one thousand 
nine hundred and five of North Carolina. 

Sec. 3. That in case a majority of the qualified voters at said 
election shall vote in favor of said tax, the same shall be annually 
levied and collected in the same manner and at the same time as 
other taxes of the county are levied and collected. 

Sec. 4. That in case a majority of the qualified voters at said 
election in any township of said county shall vote for said special 
tax, the same shall be annually levied and collected in said town- 
ship in the same manner and at the same time as other taxes are 
levied and collected, and used to supplement the school fund of 
said township. 

Sec^ 5. That in case a majority of the qualified voters at said 
election in any township or in the entire county shall vote in favor 
of said special tax, on petition of a majority of the members of 
the board of trustees or the school committee of any existing 
special-tax district within said township or county so voting, the 
county commissioners shall reduce the annual special local-tax 
levy of said district by an amount not exceeding the special levy 
provided for the county or township under this act. 



20 Special County Taxation for Schools. 

Sec. 6. That in case a majority of the qualified voters at said 
election in any county shall fail to vote for said special tax, on 
petition of a majority of the members of the county board of 
education of said county, the county commissioners may, after 
thirty days' notice, order an election in any subsequent year after 
the first election for the same purpose and under the same regula- 
tions as the first election herein provided for in any or all of the 
townships of said county that shall have failed to carry said spe- 
cial tax in the former election. 

Sec. 7. That the expense of holding said election shall be paid 
out of the county school fund of said county. 

Sec 8. That this act shall be in full force and effect from and 
after its ratification. 

Ratified this the 3d day of March, A. D. 1911. 

1911, c. 71. 



THE PUBLIC SCHOOL LAW. 



The following is the Public School Law of one thousand nine 
hundred and five, as amended by the Greneral Assembly of one 
thousand nine hundred and seven, one thousand nine hundred and 
nine, and one thousand nine hundred and eleven. Each division of 
the law is preceded by a succinct summary and contains explana- 
tory notes, the whole being followed by decisions bearing on its 
interpretation. 

I. APPLICATION OF CHAPTER. 

4029. This chapter not applicable to certain schools : such 
SCHOOLS regulated. The provisions of this chapter shall not ap- 
ply to any township, city or town now levying a special tax for 
schools and operating under special laws or charters, or to schools 
operating under section forty-seven, chapter one hundred and 
ninety-nine, Laws of one thousand eight hundred and eighty-nine. 
School districts in any city or town now operating under section 
forty-seven, chapter one hundred and ninety-nine. Laws of one 
thousand eight hundred and eighty-nine, are hereby continued, and 
all vacancies in the school committees therein shall be filled by 
the county board of education. If such districts comprise a town- 
ship, there shall not be appointed township school committeemen 
for such township, and all apportionments shall be made directly 
to the committee of such districts. The superintendent and treas- 
urer of all such schools receiving any part of the public-school 
fund shall be required to make to the State Superintendent and 
the county superintendent such reports as these officers shall de- 
mand and as are made by other public schools to them, and shall 
be under the general supervision of the State Superintendent of 
Public Instruction. 

IDOl, c. 4, s. 73; 1903, c. 435, s. 25. 

[This section requires the proper officers of toicn and city schools 
to make reports to the State Superintendent.] 

II. THE STATE BOARD OF EDUCATION. 

Summary: The State Board Consists of the Governor, the 
Lieutenant Governor, the Secretary of State, the Treasurer, 
the Auditor, the Superintendent of Public Instruction, and 



22 Sections 4030-32. 

THE Attorney-General ; has corporate powers ; the Governor is 

PRESIDENT, the StATE SUPERINTENDENT IS SECRETARY ; IT MUST KEEP 
A RECORD OF ITS PROCEEDINGS, AND SUCCEEDS TO ALL THE POWERS OF 
"the PRESIDENT AND DIRECTORS OF THE LITERARY FUND." ThIS 
BOARD MAY MAKE RULES FOR THE GOVERNMENT AND REGULATION OF 
THE PUBLIC SCHOOLS AND HAS VESTED IN IT THE PROPERTY AND MAN- 
AGEMENT OF THE LITERARY FUND OF THE StATE.* 

4030. Incorporated. The Governor, Lieutenant Governor, Secre- 
tary of State, Treasurer, Auditor, Superintendent of Public Instruc- 
tion and Attorney-General shall constitute the State Board of Edu- 
cation, and by the name, the State Board of Education, are created 
a corporation, and by that name may sue and be sued ; may have 
a common seal ; may acquire, receive and hold real, personal and 
mixed property, by purchase, gift, devise or otherwise, and may 
sell, dispose of and convey the same ; and may contract and be 
contracted with, for the purposes provided in this chapter and for 
such other purposes as may be prescribed by law, and to that end 
may make such by-laws for its government and the exercise of its 
powers, and alter the same from time to time in its discretion, as 
shall not be in conflict with the laws of the State and of the 
United States ; and shall be vested with all other powers conferred 
upon corporations under the general law relating to corporations. 

Const, Art. IX, ss. S, 9, 10; Code, s. 2503; 1S81, c. 200; 1903, 
c. 567, s. 7. 

4031. Officers ; quorum ; meetings ; expenses. Of the board, 
the Governor shall be president, the Superintendent of Public In- 
struction shall be secretary, and the Treasurer of the State shall 
be treasurer, and a majority of the board shall constitute a quo- 
rum for the transaction of business. The board shall hold its meet- 
ings in the Executive office, and shall meet at such times as a 
majority of the members may appoint ; but the Governor may call 
a meeting at any time. The contingent expenses of the board shall 
be provided for by the General Assembly. 

Const., Art. IX, ss. 9, 12, 13 ; Code, s. 2504 ; ISSl, c. 200, s. 2. 

4032. Proceedings recoiided. All the proceedings of the board 
shall be recorded in a well-bound and suitable book, which shall be 
kept in the office of the Superintendent of Public Instruction. 

Code, s. 2505; 1881, c. 200, s. 3. 



*The State Board of Education, in addition to the above, has control of the 
Colored Normal Schools (Rev. 1905, 4180-4186), and is the Text-book Commission 
(Rev. 1905, 4057-4084). The State Board also elects directors of State Normal 
and Industrial College (Rev. 1905, 4252). The trustees of the East Carolina 
Training School are also elected by this board (Laws 1907). 



Sections 4033-35. 23 

4033. Succeeds to powers and property, etc., of literary fund. 
The State Board of Education shall succeed to all the powers and 
trusts of the "president and directors of the literary fund of North 
Carolina," and shall have full power to legislate and make all 
needful rules and regulations for the government of the public 
schools and for the management of the State educational fund ; 
but all such acts, rules and regulations of the board may be 
alteretl, amended or repealed by the General Assembly, and when 
so altered, amended or repealed shall not be reenacted by the 
board; and the board shall succeed to and have all the property, 
powers, rights, privileges and advantages which in anywise be- 
longed or appertained to the "president and directors of the liter- 
ary fund of North Carolina," and may, in its own name, assert, 
use, apply and enforce the same. 

Const., Art. IX, s. 10; Code, s. 2.-06; 1S81, c. 200, s. 4 ; R. C, 
c. 6G ; R. S., cc. GO, G7. 

4034. Accounts kept ; reports made. The State Treasurer shall 
keep a fair and regular account of all the receipts and disburse- 
ments of the State literary fund, and shall report the same to the 
Genei'al Assembly at the same time Avhen he makes his biennial 
account of the ordinary revenue; and the State Board of Educa- 
tion shall report to the General Assembly the manner in which the 
fund has been applied or invested, with such recommendations for 
the improvement of the same as to it shall seem expedient. 

Code, s. 2507; R. C, c. 6G, s. 4; 1825, c. 12GS, s. 2; 1903, c. 
5G7, s. 1. 

40.35. How FUNDS invested. The State Board of Education is 
authorized to invest in North Carolina four per cent bonds or in 
other safe interest-bearing securities, the interest on w'hich shall 
be used as may be directed from time to time by the General As- 
sembly for school purposes. 

ISni, c. 360. 

Note. — Sections 4036-4052 concern Swamp Lands. 

ill. LOANS FOR BUILDING SCHOOLHOUSES. 

Summary: The State Board may make loans from the liter- 
ary FUND TO THE COUNTY BOARD FOR BUILDING SCHOOLHOUSES, ANY 
SUCH LOAN TO BE RELOANED, BY THE COUNTY BOARD TO THE SCHOOL 

DISTRICT. Such loans bear 4 per cent interest and are a lien 

ON ALL the COUNTY' SCHOOL FUNDS, AND MUST BE REPAID IN TEN 



24 Sections 4053-55. 

EQUAL INSTALLMENTS. AlL LOANS AEE MADE UNDEE SUCH RULES 
AND REGULATIONS AS THE StATE BoARD MAY ADOPT.* 

4053. Made by State Board. The State Board of Education, 
under such rules and regulations as it may deem advisable, not 
inconsistent with the provisions of this chapter, may make loans 
from the State literary fund to the county board of education of 
any county for the building and improving of public-school houses 
in such .county ; but no vparrant for the expenditure of any money 
for such purposes shall be issued by the Auditor except upon the 
order of the State Superintendent of Public Instruction, with the 
approval of the State Board of Education. 

1903, c. 567, ss. 1, 2, 8. 

4054. Teems of. Loans made under the provisions of this chap- 
ter shall be payable in ten installments, shall bear interest at four 
per centum, payable annually, and shall be evidenced by the note 
of the county board of education, executed by the chairman and 
secretary thereof, and deposited with the State Treasurer. The 
first installments of such loan, together with the interest on the 
whole amount then due, shall be paid by the county board on the 
tenth day of February after the tenth day of August subsequently 
to the making of such loan, and the remaining installments, to- 
gether with the interest, shall be paid, one each year, on the tenth 
day of February of each subsequent year, till all shall have been 
paid. 

1903, c. 567, s. 3. 

4055. How SECURED AND PAID. At the January meeting of the 
county board of education, before any installment shall be due on 
the next tenth day of February, the county board shall set apart 
out of the school funds an amount sufiicient to pay such installment 
and interest to be due, and shall issue its order upon the treasurer 
of the county school fund therefor, who, prior to the tenth day of 
February, shall pay over to the State Treasurer the amount then 
due. And any amount loaned under the provisions of this law 
shall be a lien upon the total school funds of such county, in what- 
soever hands such fund may be; and upon failure to pay any 
installment or interest, or part of either, when due, the State Treas- 
urer may deduct a sufiicient amount for the payment of the same 
out of any fund due any county from any special State appropria- 
tion for public schools, or he may bring action against the county 
board of education of such county, any person in whose possession 



*The State Superintendent, on application, will furnish the rules regulating 
this subject. 



Section 4056. . 25 

may be any part of the school funds of the county, and the tax 
collector of such county ; and if the amount of school fund then on 
hand be insufficient to pay in full the sum so due, then the State 
Treasurer shall be entitled to an order directing the tax collector 
of such county to pay over to the State Treasurer all moneys col- 
lected for school purposes until such debt and interest shall have 
been paid. 

1903, c. 567, s. 4. 

4056. Loans by county boaeds to school districts. The county 
board of education, from any sum borrowed under the provisions 
of this chapter, may make loans to any district in such county for 
the purpose of building schoolhouses in such district, and the 
amount so loaned to any district shall be payable in ten annual 
installments, with interest thereon at four per centum, payable 
annually. At the January meeting of such county board it shall 
deduct from the apportionment made to any district which has 
borrowed under the provisions of this chapter the installment and 
interest then due, and shall continue to deduct such amount at 
each annual January meeting until the whole amount shall have 
been paid, together with interest. 

1903, c. 567, s. 5. 

Note. — Sections 4057-4084 concern the Text-book Commission. 

[Under this section the county hoard of education may make an 
additional apportionment out of its huildiiig fund to assist a dis- 
trict to repay its annual interest and installment on its loan.] 

IV. THE SCHOOL SYSTEM AND THE COURSE OF STUDY. 
Summary: The system of public education must be uniform 

AND FREE TO ALL CHILDREN BETWEEN THE AGES OF SIX AND TWENTY- 
ONE YEARS. Separate schools must be provided for white, col- 
ored AND Indian children, without race discrimination. The 
course of study must include spelling, reading, writing, arith- 
metic, drawing, language lessons and composition, English 
grammar, geography, history of North Carolina and the United 
States,. AND elements of civil government, containing the Con- 
stitutions of North Carolina and of the United States, and 
text-book instruction in physiology and hygiene. Other sub- 
jects MAY be taught IN ELEMENTARY SCHOOLS WHEN PRESCRIBED BY 

the State Board of Education. The State Superintendent pre- 
scribes THE course of STUDY FOR HIGH SCHOOLS UNDER THE LAWS 

OF 1907. All school officials are required to take oath for 

THE FAITHFUL PERFORMANCE OF THEIR DUTIES. 



26 Sections 4085-87. 

4085. Uniform system ; compulsoky attendance. The people 
have the right to the privilege of education, and it is the duty of 
the State to guard and maintain that right ; and, religion, morality 
and knowledge being necessary to good government and the happi- 
ness of mankind, schools and the means of education shall forever 
be encouraged. The General Assembly shall provide, by taxation 
and otherw^ise, for a general and uniform system of public schools, 
vs^herein tuition shall be free of charge to all children of the State 
between the ages of six and twenty-one years ; and the General 
Assembly is empowered to enact that every child of sufficient men- 
tal and physical ability shall attend the public schools, during the 
period between the ages of six and eighteen years, for a term of 
not less than sixteen months, unless educated by other means. 

Const, Art. I, s. 27 ; Art. IX, ss. 1, 2, 15. 

4086. Separate schools foe races ; no discrimination against 
EITHER race. The children of the white race and the children of 
the colored race shall be taught in separate public schools, but 
there shall be no discrimination in favor of or to the prejudice of 
either race. All white children shall be taught in the public 
schools provided for the white race, and all colored children shall 
be taught in the public schools provided for the colored race; but 
no child with negro blood in his veins, however remote the strain, 
shall attend a school for the white race, and no such child shall be 
considered a white child. The descendants of the Croatan Indians 
now living in Robeson and Richmond counties shall have separate 
schools for their children, as hereinafter provided in this chapter. 

Const, Art. IX, s. 2 ; 1901, c. 4, s. 68 ; 1903, c. 435, s. 22. 

[It is the duty of the county ioards of education to provide sepa- 
rate school facilities for the Cherokee Indian children residing m 
the tvestern part of this State, when not otherwise provided for.] 

4087. What taught. The branches to be taught in all the pub- 
lic schools shall be spelling, reading, writing, arithmetic, drawing, 
language lessons and composition, English grammar, geography, 
the history of North Carolina and the United States and elements 
of civil government containing the Constitution of North Carolina 
and of the United States, elements of agriculture and oral and 
text-book instruction in elementary physiology and hygiene, includ- 
ing the nature and effect of alcoholic drinks and narcotics : Pro- 
vided, that in public schools employing more than one teacher the 
elements of civil government, physiology and hygiene, including the 
nature and effect of alcoholic drinks and narcotics and such other 



Sections 4088-89. • 27 

subjects of study as the State Board of Education may direct, 
shall be taught, after adequate provision shall have first been made 
for the thorough teaching of the branches before named. 
1905, c. 533, s. 9 ; 1901, c. 4, s. 37. 

[High-scJiool branches cannot he taught in schools having only 
one teacher, and may be taught in schools having more than one 
teacher only after adequate provision has first been made for 
the thorough teaching of the elementary branches mentioned in 
this section.'^ 

40SS. Oath of office taken by officials. The members of the 
county board of education, the school committeemen and the 
county superintendent of public instruction shall, before entering 
upon the duties of office, take oath for the faithful performance 
thereof. 

1901, c. 4, s. 45. 

V. THE GENERAL POWERS AND DUTIES OF THE 
STATE SUPERINTENDENT. 

Summary: The Supeeintendent is required to publish the 

SCHOOL LAW, MAKE A BIENNIAL REPORT TO THE GOVERNOR, KEEP HIS 
OFFICE AT THE CAPITAL, AND SIGN ALL ORDERS FOR MONEY PAID OUT 

OF State Treasury for educational purposes. He has general 

DIRECTION of THE SCHOOL SYSTEM AND THE ENFORCEMENT OF THE 
SCHOOL LAW, ALL SCHOOL OFFICERS BEING REQUIRED TO OBEY HIS IN- 
STRUCTIONS AND HIS INTERPRETATION OF THE LAW. He IS REQUIRED 
TO BE ACQUAINTED WITH THE EDUCATIONAL CONDITION OF ALL SEC- 
TIONS OF THE State, and he must also keep in touch with the 
educational progress of other states.* 

4089. Shall equip office, print and circulate school law, 
SUPERINTEND PUBLIC SCHOOLS. The Superintendent of Public In- 
struction of North Carolina shall have the school laws published 
in pamphlet form and distributed on or before the first day of 
May of each year. He shall send to each officer a circular letter 
enumerating his duties as prescribed in this chapter. He shall 
have printed all the forms necessary and proper for the purposes 



*In addition to these general duties, the State Superintendent has the follow- 
ing duties: Supervision and control of normal department of Cullowhee High 
School, Rev. 1905, 422S; secretary Text-book Commission, Rev. 1905, 4057; trustee 
of State Library, Rev. 1905, 5069; president of board of directors State Normal 
and Industrial College, Rev. 1905, 4252; chairman of trustees of East Carolina 
Training School, Laws 1907; chairman State Board of Examiners, Laws 1907; 
prescribes course of study for^public high schools. Laws 1907; makes rules and 
regulations for rural libraries, Rev. 1905, 4175; and member board of trustees of 
Appalachian Training School, Laws 1907. 



28 ' Sections 4090-92. 

of this chapter, and he is hereby authorized to have printed as 
other public printing and distributed such educational bulletins 
as he shall deem necessary for the professional improvement of 
teachers and for the cultivation of public sentiment for public edu- 
cation, and shall look after the school interests of the State, and 
report biennially to the Governor, at least five days previous to 
each regular session of the General Assembly, which report shall 
give information and statistics of the public schools and recom- 
mend such improvements in the school law as may occur to him. 
He shall keep his office at the seat of government, and shall sign 
all requisitions on the Auditor for the payment of money out of 
the State Treasury for school purposes. Copies of his acts and 
decisions and of all papers kept in his office and authenticated by 
his signature and official seal shall be of the same force and valid- 
ity as the original. He shall be furnished with such room, fuel, 
and stationery as shall be necessary for the efficient discharge of 
the duties of his office. 
1909, c. 525. 

4090. Shall construe and enforce law ; ascertain best school 
METHODS. He shall direct the operations of the system of public 
schools and enforce the laws and regulations in relation thereto. 
The county board of education and all other school officers in the 
several counties shall obey the instructions of the State Superin- 
tendent and accept his constructions of the school law. It shall 
be his duty to correspond with leading educators in other States 
and to investigate systems of public schools established in other 
States, and, as far as practicable, render the results of educa- 
tional efforts and experiences available for the information arid 
aid of the Legislature and State Board of Education. 

1901, c. 4, s. 8 ; 1903, c. 435, s. 1. 

4091. Shall counsel county boards ; hold institutes, etc. It 
shall be his duty to acquaint himself with the peculiar educational 
wants of the several sections of the State, and he shall take all 
proper means to supply such wants, by counseling with county 
boards of education and county superintendents, by lectures be- 
fore teachers' institutes and by addresses to public assemblies on 
subjects relating to public schools and public-school work. 

1901, c. 4, s. 9. 

4092. Duties as to loan fund. He shall go to any county when 
necessary for the due execution of the law creating a permanent 
loan fund for the erection of public-school houses. He shall in- 



Section 4093. 29 

elude in his annual reports a full showing of everything done un- 
der the provisions of the law creating the permanent loan fund 
for the erection of public-school buildings. 
1903, c. 751, ss. 11, 12. 

VI. SCHOOL FUNDS PROVIDED BY THE STATE. 

Summary: 1. The income of the permanent school fund, ok 

LITERARY FUND, CONSISTS OF THE PROCEEDS OF THE FOLLOWING : 
(a) LAND GRANTS FROM UNITED STATES ; (I)} MONEYS, STOCKS^ 
bonds; (C) SALES OF SWAMP LANDS; {(l) GRANTS, GIFTS OR DEVISES. 
All THESE SOURCES OF INCOME ARE AT PRESENT UNPRODUCTIVE EXCEPT 

(c). The State Board of Education now uses the literary 

FUND to aid in BUILDING SCHOOLHOUSES, WHICH MAKES INOPERA- 
TIVE SECTIONS 4094-4096 below. See sections 4053-50. 

2. The annual State appropriation of .$125,000 for public 
SCHOOLS, distributed per capita according to school population, 

AND AN ADDITIONAL ANNUAL APPROPRIATION OF $100,000 FOR THE 
purpose OF SECURING A FOUR-MONTHS SCHOOL IN ALL THE SCHOOL 
DISTRICTS OF THE STATE* — IN ALL, $225,000 ANNUALLY. 

4093. Special permanent fund. The proceeds of all lauds tliat 
have been or may hereafter be granted by the United States to 
this State and not otherwise appropriated by this State or the 
United States; also all moneys, stocks, bonds and any other prop- 
erty now belonging to any State fund for the purposes of educa- 
tion; also the net proceeds of sales of swamp lands belonging to 
the State, and all other grants, gifts or devises that have been 
made or hereafter may be made to this State and not otherwise 
appropriated by this State or by the terms of the grant, gift or 
devise, shall be paid into the State Treasury, and, together with 
so much of the ordinary revenue of the State as may be set apart 
for that purpose, shall be faithfully appropriated for establishing 
and maintaining a system of free public schools, as established in 
pursuance of the Constitution, and for no other purpose what- 
soever. And all funds of the State heretofore derived from the 
sources enumerated in section four, article nine of the State Con- 
stitution, and all funds that may be hereafter so derived, together 
with any interest that may accrue thereon, shall be a fund sepa- 
rate and distinct from the other funds of the State! to be known 
as the State literary fund. 

Const., Art. IX, s. 4 ; 1901, c. 4, s. 4 ; 1903, c. 5G7, s. 1. 



*The sum of $7,500 for the establishment of rural libraries is deducted bien- 
nially from this additional S100,003. The total literary fund now amounts to 
$456,470.50. 



30 Sections 4094-97. 

4094. Appoktionmekt of income of school fund. The State 
Board of Education shall, on the first Monday in August of each 
and every year, apportion among the several counties of the State 
all the school funds which may be then in the treasury of the 
board and order a warrant for the full apportionment to each 
county, which apportionment shall be made on the basis of the 
school population ; but no part of the permanent school fund shall 
be apportioned or distributed, but only the income therefrom. The 
State Auditor shall keep a separate and distinct account of the 
public-school funds and of the income and interest thereof, and 
also of such moneys as may be raised by State, county and capita- 
tion tax, or otherwise, for school purposes. 

1901, c. 4, s. 1. 

4095. Apportionment, how paid. Upon the receipt of the requi- 
sition of the treasurer of any county, duly approved by the chair- 
man and secretary of the county board of education, for the school 
fund which may have been apportioned to such county, the State 
Board of Education shall issue its warrant on the State Auditor 
for the sum due such county, whereupon the Auditor shall draw 
his warrant on the treasurer of the State Board of Education in 
favor of such county treasurer for the amount set forth in the 
warrant of the State Board. 

1901, c. 4, s. 2. 

4096. Warrants, how drawn and endorsed. The State Treas- 
urer shall receive and hold as a special deposit all school funds 
paid into the treasury, and pay them out only on the warrant of 
the Auditor, issued on the order of the State Board of Education 
in favor of a county treasurer, duly endorsed by the county treas- 
urer in whose favor it is drawn, and it shall be the only valid 
voucher in the hands of the State Treasurer for the disbursement 
of school funds. 

1901, c, 4, s. 3. 

4097. Annual appropriation foe distribution. One hundred 
and twenty-five thousand dollars is hereby appropriated annually 
out of the State Treasury for the benefit of the public schools, to 
be distributed to the respective counties of the State, per capita as 
to school population, on the first Monday in January of each year, 
using the school census of the previous scholastic year as a basis 
of apportionment: Provided, that the State Board of Education 
may deduct annually from said appropriation or from any other 



Sections 4098-4105. 31 

appropriation out of the State Treasury for public schools an 
amount not to exceed one thousand two hundred dollars, to be used 
in part payment of the salary and expenses of the Superintendent 
of the State Colored Normal Schools and inspector and director 
of the county institutes and teacher-training work of the State, to 
be paid by the State Treasurer only upon the warrant of the State 
Auditor, issued upon requisition of the State Superintendent of 
Public Instruction. 

1901, c. 543, s. 1 : 1909, c. 775. 

4098. Wakeants, how drawn. The Superintendent of Public In- 
struction shall issue warrants upon the State Auditor for the 
amount due each county under the next preceding section, such 
warrants to be drawn in favor of the county treasurer of each 
county, to be credited to the general public school fund of the 
county. 

1901, c. 543, s. 2. 

4099-4105 (Substitute fob). One hundred thousand dollars is 
hereby appropriated annually out of the State Treasury for the 
benefit of the public schools, to be apportioq^ed by the State Board 
of Education as follows : The treasurer of the county school fund 
and the county superintendent of public instruction of each county 
in which a special tax has been levied by the county commis- 
sioners thereof to maintain one or more public schools in each 
school district of said county for a period of four months in each 
year shall make affidavit to the State Superintendent of Public 
Instruction, on or before the second Monday in January of each 
year, stating the rate of the special tax so levied by said commis- 
sioners in June of the preceding year, and said affidavit shall be 
accompanied with a certified copy of the itemized statement sub- 
mitted by the county board of education to the county commission- 
ers in accordance with which said levy of said special tax for 
schools was made, signed by the chairman of the county board of 
education and the county superintendent of public instruction, and 
such further information about the receipts and expenditures and 
apportionment of the school fund in said county as may be re- 
quired by the State Superintendent of Public Instruction; and 
thereupon the State Board of Education shall apportion to said 
county from said appropriation a sum of money equal to the 
amount so levied and to be derived from said special tax : Pro- 
vided, that if in any county that has levied a maximum special tax 
of five cents on the one hundred dollars valuation of property and 



32 Section 4106. 

fifteen cents on the poll the funds are still insufficient to maintain 
in every school district one or more public schools for at least four 
months, an additional apportionment shall be made to said county 
of the additional amount necessary to provide a four-months school 
term in every school district in such county. The State Superin- 
tendent of Public Instruction shall issue a requisition on the State 
Auditor for the amount so apportioned to any county, vpho shall 
issue his v^arrant in favor of the county treasurer of said county 
for said amount, and the money shall be placed by said treasurer 
to the credit of the general public school fund of the county, to be 
used,, first for providing a four-months school term in every school 
district, and any balance to be used for equalizing, as nearly as 
may be, the terms of all the public schools of said county. The 
balance of the State appropriation of one hundred thousand dollars 
herein provided shall be apportioned by the State Board of Educa- 
tion to the respective counties of the State, per capita as to school 
population, as provided for the apportionment of the one hundred 
thousand dollars appropriated under section four thousand and 
ninety-seven of the Revisal of one thousand nine hundred and five 
of North Carolina : Provided further, that the State Board of 
Education shall deduct from said appropriation biennially the sum 
of seven thousand five hundred dollars for rural libraries, as pro- 
vided in section four thousand one hundred and seventy-nine of 
the Revisal of one thousand nine hundred and five of North Caro- 
lina. That no county needing aid from this appropriation for a 
four-months school term in every district shall receive any funds 
therefrom until it shall have levied the special tax herein required 
of it for that purpose. 
1909, c. 508. 

4106. Excessive appkopriations foe schoolhouses exclude eeom 
BENEFITS OF THIS SUBCHAPTER. No appropriation shall be made to 
any county vfherein has been expended or set aside during the 
fiscal year for the purpose of building schoolhouses a percentage 
of the total school fund of such county greater than the following : 
In counties with a total school fund of five thousand dollars or 
less, not to exceed twenty per centum thereof; in counties with a 
total school fund of over five thousand dollars and not more than 
ten thousand dollars, not to exceed sixteen per centum thereof; 
in counties with a total school fund of over ten thousand dollars 
and not more than twenty-five thousand dollars, not to exceed ten 
per centum thereof; in counties with a total school fund of over 



Section 4107. 33 

twenty- five thousand dollars, not to exceed seven and one-half per 
centum thereof. Nor shall any appropriation be made under this 
subchapter to any county if it appear that the requirements of the 
school law in rosard to the apportionment of funds to the various 
districts have not been complied with in all respects. 
1003. c. 751, s. 10. 

VII. SCHOOL FUNDS PROVIDED BY COUNTY AND LOCAL 
TAXATION AND APPORTIONMENT OF THE SAME. 

Summary: 1. The proceeds of the sale of estrays ; all fines, 
penalties and forfeitures ; liquor license taxes and auction- 
eers' license tax. 

2. The proceeds of three-fourths of the general poll tax, 
the maximum of which is two dollars, on all male persons 
between twenty-one and fifty years of age.* 

3. The proceeds of an 18 cents tax on each $100 assessed 
valuation of real and personal property.* 

4. The proceeds of a maximum special tax of 30 cents on 
EACH .$100 assessed valuation of property and 90 cents on each 

POLL MAY be levied BY A MAJORITY VOTE OF THE QUALIFIED VOTERS 
of any INCORPORATED TOWN OR SCHOOL DISTRICT. 

5. The proceeds of a maximum township high-school tax of 
30 cents on each $100 assessed valuation of property and 90 

cents on each poll may be levied by a MAJORITY" VOTE OF THE 
QUALIFIED VOTERS OF ANY TOWNSHIP. 

0. The PROCEEDS of such special school TAX AS ANY TOWN OR 
CITY BY ITS CHARTER OR BY A SPECIAL ACT OF THE GENERAL ASSEM- 
BLY MAY ACQUIRE THE RIGHT TO LEVY BY THE APPROVAL OF A MA- 
JORITY' OF ITS QUALIFIED VOTERS. 

The APPORTIONMENT OF THE PROCEEDS OF THE STATE FUNDS AND 
THOSE INCLUDED IN 1-3 ABOVE IS CONTROLLED BY' THE COUNTY BOARDS 
OF EDUCATION, ACCORDING TO SECTION 4116, BELOW ; ALL OTHER SCHOOL 
FUNDS ARE ENTIRELY UNDER THE CONTROL OF THE LOCAL SCHOOL COM- 
MITTEES OR BOARDS OF EDUCATION. 

4107. County educational fund for free public schools. All 
moneys, stocks, bonds and other property belonging to a county 
school fund ; also the net proceeds from sales of estrays ; also the 
clear proceeds of all penalties and forfeitures, and of all fines 
collected in the several counties for any breach of the penal or 
military laws of the State, and all moneys which shall be paid 



"Revisal 190'), sees. 5109 and 5110; Constitution, Art. V. sees. 1 and 2. 



34 Sections 4108-10. 

by persons as equivalent for exemption from military duties ; also 
the net proceeds of any tax imposed on licenses to retailers of 
wines, cordials or spirituous liquors, and to auctioneers, shall be- 
long to and remain in the several counties and shall be faithfully 
appropriated for establishing and maintaining free public schools 
in the several counties as established in pursuance of the Consti- 
tution. The amount collected in each county shall be reported an- 
nually to the State Superintendent of Public Instruction. 
Const, Art. IX, s. 5 ; 1901, c. 4, s. 5. 

410S. County officeks file list of fines and penalties v^^ith 
COUNTY board OF EDUCATION. The clerks of all State and municipal 
courts and the clerks or other officials having in custody the rec- 
ords of any city or town in the State shall furnish to the county 
board of education of their respective counties, on the first Mon- 
day of July and January of each year, a detailed statement of 
fines, forfeitures and penalties which go to the school fund, that 
have been imposed or which have accrued. 

1901, c. 4. s. 62. 

4109. Tax lists to have separate columns for school taxes. 
The Auditor shall include on the form which he furnishes to the 
board of county commissioners, and on which the tax lists are to 
be made out, separate columns for school poll tax and school 
property tax and for special county and district taxes on property 
and polls. In one of these columns shall be written the total poll 
tax levied by the State and by the county authorities for schools 
and due by the taxpayer. In the other column shall be written 
the total property tax levied by the State and by the county 
authorities and due by the taxpayer. 

1901, c. 4, s. 60. 

4110. Register of deeds to furnish abstracts of tax lists to 
COUNTY BOARD. The register of deeds shall furnish to the county 
board of education, as soon as the tax lists are made out, an ab- 
stract of such lists, showing in separate columns the total amount 
of poll tax on such lists, and also the total amount of property 
tax thereon, and also in another column the amount of special 
county and district poll taxes, and in a separate column the 
amount of special county and district property taxes ; and shall 
furnish such other information from his office as the county board 
of education may require. 

1901, c. 4, s. 61. 



Sections 4111-12. 35 

4111. Sheriff's liability, civil and criminal, for failure to 
SETTLE SCHOOL TAX. The Sheriff of each county shall pay annually 
In money to the treasurer of the county school fund, on or before 
the thirty-tirst day of December of each year, the whole amount 
for school purposes collected by both State and county, less his 
lawful commission for collecting the same, and such sum as may 
be allowed on account of insolvents for the current year, and on 
failing to do so shall be liable to an action on his official bond for 
his default in such sum as will cover such default, such action 
to be brought to the next ensuing term of the Superior Court in 
the name of the State upon the relation of the board of county 
commissioners. In making settlement w'ith the treasurer the 
sheriff or tax collector shall make separate account of insolvents 
and delinquents allowed, whether on property or capitation tax. 
The county superintendent shall make copies of the fines and pen- 
alties reported by justices of the peace and reported to clerk of 
Superior Court, and file the same with the county board. 

Code, s. 723 ; 1901, c. 4, s. 54 ; 1905, c. 533, s. 20. 

4112 (Substitute for). On or before the first Monday in June 
of each and every year the county board of education of each 
county shall ascertain the amount of money that will be needed 
to maintain the public schools of such county for four mouths dur- 
ing the succeeding school year. The board of education, using as 
a basis the receipts for school purposes during the current school 
year ending June thirtieth, shall ascertain the amount that will 
be available for school purposes from the regular school tax, from 
fines and penalties and from the amount appropriated under sec- 
tion four thousand and ninety-seven of the Revisal of one thou- 
sand nine hundred and five of North Carolina. If the amount to 
be received is less than the amount ascertained to be needed, the 
board of education shall submit a statement of the above facts to 
the board of county commissioners of such county ; and it shall be 
the duty of the board of county commissioners to levy a special 
tax on all property and polls in said county to supply one-half the 
deticiencj' for the support and maintenance of the public schools 
of such county for four mouths: Provided, that this special tax 
shall not be less than one cent on the one hundred dollars valua- 
tion of property and three cents on each poll, nor more than five 
cents on the one hundred dollars valuation of property and fifteen 
cents on each poll in any county. This tax shall be levied and 
collected as other county taxes are levied and collected, and the 



36 Section 4113. 

funds thus raised shall be expended in such manner as the county 
board of education may determine for maintaining one or more 
public schools in each school district for four months in each 
year. The calculation of the amount that will be necessary shall 
state separately the amounts needed for supervision, for adminis- 
tration, for buildings and repairs, for expenses (this to be item- 
ized) and for salaries of teachers. The limitation placed by law 
on each of these objects shall not be exceeded. The county board 
of education shall further state the number of teachers, white and 
colored, to be employed in each district, and the salary of each 
teacher in each district, and the average of salaries to be paid, 
according to this statement, shall not exceed the average salaries 
paid in the State during the preceding year for white teachers 
and colored teachers, respectively. In the event of a disagreement 
between the county board of education and the board of county 
commissioners as to the rate of tax to be levied, the county board 
of education may bring an action in the nature of mandamus 
against the board of county commissioners to compel the levy of 
such special tax in the manner and form as provided in sections 
eight hundred and twenty-two and eight hundred and twenty-four 
of the Revisal of one thousand nine hundred and five of North 
Carolina, and it shall be the duty of the judge hearing the same 
to find the facts as to the amount needed and the amount available 
from the sources herein specified, which finding shall be conclusive, 
and to give judgment, requiring the county commissioners to levy 
the sum which he shall find necessary to maintain the schools for 
four months in said county. 
1909, c. 508. 

4118. Special tax may be voted eoe township high schools. 
In any township, upon petition of one- fourth of the freeholders of 
the township, approved by the county board of education, the 
board of county commissioners, after thirty days' notice at the 
courthouse door and three public places in the township, shall 
hold an election to ascertain the will of the people within the 
township whether there shall be levied in said township a special 
annual tax of not less than ten cents nor more than thirty cents 
on the one hundred dollars valuation of property and not less 
than thirty cents nor more than ninety cents on each poll, in addi- 
tion to all other taxes levied for all other purposes, to be used 
for the establishment of a central high school or high schools in 
said township, in case such special tax is voted. The board of 



Section 4113. 37 

county commis.siouers shall appoint a registrar and order a new 
registration tor said township, and said election shall be held in 
the said township under the law governing general elections, as 
nearly as may be, and the expenses of such election shall be paid 
out of the general county school fund. At said election those 
who are in favor of the levy and collection of said tax shall vote 
a ticket on which shall be printed or written the words "For 
High-school Tax," and those who are opposed shall vote a ticket 
on which shall be printed or written the words "Against High- 
school Tax." In ease a majority of the qualified voters at said 
election are in favor of said tax, then so much of the tax on 
property and polls herein provided for as in the judgment of the 
committee may be necessary shall be annually levied and collected 
in the manner prescribed for the levy and collection of other 
taxes. All moneys levied under the provisions of this section 
shall, upon collection, be placed by the treasurer of the county 
school fund to the credit of the township high-school committee, 
composed of three members, appointed by the county board of edu- 
cation, and shall be expended exclusively by said committee in 
establishing and maintaining one or more high schools in said 
township, under such rules and regulations as to its conduct and 
such course or courses of study as shall be prescribed by the State 
Superintendent of Public Instruction. The powers, duties and 
qualifications of the committeemen provided for in this section 
shall be similar to those of other school committeemen, and they 
shall have the same power to apportion the funds so raised as is 
conferred upon the county board of education for apportionment 
of the general fund among the schools of the township. And the 
provisions of this section shall not be so construed as to prevent 
the teaching of the elementary branches in such high schools as 
may be established, nor so construed as to prevent the county 
board of education from making such apportionment of public 
school funds to such high schools as they may deem equitable and 
just : Provided, that township high schools may also be estab- 
lished without the levying of a special high-school township tax, 
where the public funds are sufficient for that purpose, under such 
rules and regulations as to organization and course of study as 
the State Superintendent of Public Instruction shall prescribe : 
Provided further, that high-school subjects may be taught in all 
public schools employing more than one teacher, according to such 
rules and regulations as to organization and course of study as 
shall be prescribed by the State Superintendent of Public Instruo- 



38 Sections 4114-15. 

tion, where the public funds are sufficient to provide for such 
teaching; but the high-school branches taught in such schools 
shall not interfere with the thorough teaching of the elementary 
branches. 

1905, c. 533, s. 13. 

4114. Special tax may be voted in cities and towns. In every 
incorporated city or town in which there is not now levied a 
special tax for schools, upon a petition signed by one-fourth of the 
freeholders therein, the board of aldermen or town commissioners 
of said city or town shall, at the date of municipal or general 
election next ensuing, upon the presentation of said petition, order 
an election to be held to ascertain the will of the people whether 
there shall be levied in such city or town a special annual tax of 
not more than thirty cents on the one hundred dollars valuation of 
property and ninety cents on the poll to supplement the public- 
school fund in such city or town. Said election shall be held in the 
different election precincts or wards under the law governing 
municipal or general elections in said cities or tovms. At said 
election those who are in favor of the levy and collection of said 
tax shall vote a ticket on which shall be printed or written the 
words "For Special Tax," and those who are opposed shall vote a 
ticket on which shall be printed or written the words "Against 
Special Tax." In case a majority of the qualified voters at said 
election is in favor of said tax, the same shall be annually levied 
and collected in such town or city in the manner prescribed for the 
levy and collection of other city taxes. All moneys levied uuder 
the provisions of this section shall, upon collection, be placed to 
the credit of the town school committee, composed of not less than 
five nor more than seven members, appointed by the board of alder- 
men for said city or town, and shall be by said committee expended 
exclusively upon the public schools in said city or town ; and there 
shall be but one school district in the said city or town, in which 
there may be established one or more schools for each race, and 
the school committee shall apportion the money among said schools 
in such manner as in their judgment will equalize school facilities. 

1901, c. 4, s. 71. 

4115. Special tax may be voted in special school distbicts. 
Special school-tax districts may be formed by the county board 
of education in any county, without regard to township lines, 
under the following conditions : Upon a petition of one-fourth of 
the freeholders within the proposed special school district, in whose 



SwTioN 4115. 39 

names real estate iu such district is listed iu the tax lists of the 
current fiscal year, endorsed by the county board of education, the 
board of county commissioners, after thirty days' notice at the 
courthouse door and three public places in the proposed district, 
shall hold an election to ascertain the will of the people within the 
proposed special school district whether there shall be levied in 
such district a special annual tax of not more than thirty cents on 
the one hundred dollars valuation of property and ninety cents on 
the poll to supplement the public-school fund which may be ap- 
portioned to such district by the county board of education iu case 
such special tax is voted. The board of county commissioners 
shall appoint a registrar and two pollholders, and shall designate 
a polling place and order a new registration for such district, and 
the election shall be held iu the district under the law governing 
general elections, as near as may be, and the registrar and poll- 
holders shall canvass the vote cast and declare the result, and shall 
duly certify the returns to the board of county connnissiouers. and 
the same shall be recorded iu the records of said board of commis- 
sioners : Proclded, the expense of holding said election shall be 
paid out of the general school fund of the county. At such election 
those who are in favor of the levy and collection of the tax shall 
vote a ticket on which shall be printed or written the words "For 
Special Tax." and those who are opposed shall vote a ticket on 
which shall be printed or written the words "Against Special Tax." 
In case a majority of the qualified voters at the election is iu 
favor of the tax, the same shall be annually levied and collected 
in the manner prescribed for the levy and collection of other taxes. 
All moneys levied under the provisions of this section shall, upon 
collection, be placed to the credit of the school committee in such 
district, which committee shall be appointed by the county board 
of education, and such school committee shall apportion the money 
among the schools in such district in such manner as in its judg- 
ment shall equalize school facilities. Upon the written request of 
a majority of the committee or trustees of any special-tax district, 
the county board of education may enlarge the boundaries of any 
special-tax district established under this section, or hij special act 
or charter of the General Assemhly of North Carolina, so as to in- 
clude any coutiguoUjS territory, and an election in such new terri- 
tory may be ordered and held in the same manner as prescribed in 
this section for elections in special-tax districts ; and in case a 
majority of the qualified voters in such new territory shall vote at 
such election in favor of a special tax of the same rate as that 



40 Sexjtion 4116. 

voted aud levied iu the special-tax district to which said territory- 
is coutiguous, then the new territory shall be added to and become 
a part of the said special-tax district; and in case a majority of 
the qualified voters at such election shall vote against said tax, the 
district shall not be enlarged. Tpon petition of two-thirds of the 
qualified voters residing in any special-tax district established 
under this section, endorsed and approved by the county board 
of education, the board of county commissioners shall order an- 
other election in said district for submitting the question of re- 
voking said tax aud abolishing said district, to be held under the 
provisions prescribed in this section for holding other elections: 
Provided, that no election for revoking a special tax in any special- 
tax district shall be ordered and held in said district within less 
than two years from the date of the election at which the tax was 
voted and the district established, nor at any time within less 
than two years after the date of the last election on said question 
in said district ; and no petition revokiny such tax shall he ap- 
proved 'by the county board of education oftener than once in two 
years, and if at such election a majority of the qualified voters in 
said district shall vote "Against Special Tax," said tax shall be 
deemed revoked and shall not be levied, and said district shall be 
discontinued: Provided further, that the provisions for ordering 
a new election to revoke a special tax in any special-tax distrfcf 
shall not apply to elections in such districts for increasing or 
restoring the special-tax levy in such district, which elections may 
be ordered aud held at any time in accordance with the provisions 
of this section for establishing new special-tax districts. 

1901, c. 4, s. 72; 1903, c. 435, s. 24; 1905. c. 533, s. 14; 1909, 
c. 525 ; 1911, c. 135. 

4116. Apportionment of school funds ; eesekvation of con- 
tingent FUND. The county board of education shall, on the first 
Monday in January and the first Monday in July of each year, 
apportion the school fund of the county to the various townships 
per capita ; but it shall, before apportioning the school fund to 
the various townships, reserve as a contingent fund an amount 
sufficient to pay the salary of the county superintendent and 
per diem and expenses of the county board of education, and 
shall set aside one-sixth, if necessary, of the total school fund to 
be used in securing a four-mouths school term in every school 
in the county ; and may further reserve as a fund for building 
and repairing schoolhouses and for equipment, iu counties with 
a total school fund of five thousand dollars or less, not more 



Section 411G. 41 

thau twenty per centum thereof; in counties witli a total sctiool 
fund of over five thousand doHars and not more than ten thou- 
sand dollars, not more than sixteen per centum thereof; in coun- 
ties with a total school fund of over ten thousand dollars and not 
more than twenty-five thousand dollars, not more than ten per 
centum thereof; in counties with a total school fund of over 
twenty-five thousand dollars, not more than seven and a half per 
centum thereof, to be used as directed in section four thousand 
one hundred and twenty-four. It shall be the duty of the county 
board of education to distribute and apportion the school money 
of each township so as to give to each school in the township for 
each race the same length of school term, as nearly as may be, 
each year. In making such apportionment the board shall have 
proper regard for the grade of work to be done and the qualifica- 
tions of the teachers required in each school for each race. As 
soon as the apportionments are made, it shall be the duty of the 
board to notify the school committeemen and the treasurer of the 
county school fund of the amount apportioned to each school, des- 
ignating each school by number, and stating whether for white, 
colored or Indian, and naming the township and county. Funds 
unused by any district during any year shall, if still unused at 
the January meeting subsequent to the close of the school year, be 
returned to the general school fund for reapportionment, unless 
such district shall have been prevented from using such funds 
during that year by providential or other unavoidable causes. 
1901, c. 4, s. 24 ; 1903, c. 435, s. 9. 

[No county tvhich does not apportion its school fund according 
to this section can Icgallif ask for aid from the second $100,000. 
The apportionment of the school fund, therefore, strictly accord- 
ing to this section, is highly important. The following are the 
successive steps to observe: 

1. Determine, first of all, what the total school fund is. 

2. Next reserve the contingent fund to pay the salary of the 
county superintendent and the mileage, per diem and expenses 
of the county board. 

3. Reserve, if necessary, what may be needed for building, 
observing that the amount for this purpose is limited according 
to the amount of the total fund. 

-}. Ascertain the school population of the whole county, and 
calculate what the per capita is for each child, after deducting 
the sum of the contingent fund and the building fund. 

6 



42 Section 4116. 

5. Multiply the per capita thus found dy the whole number of 
children in each township, which will give the apportionment due 
each township. 

6. Then fix the salary to he paid the teacher, tohite or Mack, 
of each school in each township, and also fix the amount of inci- 
dental expenses for each school. The sum of the salary for the 
term and the incidental expenses loill he the apportionment to 
each district. 

7. After this has heen done, it can he easily ascertained what 
townships, if any, will not have a four-months term, and what 
townships, if any, will have more than a four-months term. If 
no townsllip can thus he given a four-months term, the apportion- 
ment is then complete; hut if it is found that some townships hy 
this method icill have more than a four-months term and some 
less, then as much af the school fund of those toivnships tchich 
will have more than a four-months term must he used to secure 
to all the schools of the other townships an increased school 
term hy as much as one-sixth of the total fund apportioned will 
increase it. In other icords, an amount equal to one-sixth of the 
total fund apportioned as ahove directed, if necessary, should he 
taken from the apportionment to the stronger totcnships which 
will have more than a four-months term and used to aid the 
weaker townships to have as nearly as possible a four-months 
term. This reserve fund should he taken pro rata from the 
stronger toionships and added to the fund of the weaker town- 
slbips so as to equalise the school term. 

S. If the apportionment made hy adhering to the instructions 
in 1 to 6 ahove will result in giving all the schools of all the town- 
ships more than a four-months term, hut will give to some town- 
ships a much longer term than to others, then it is the spirit of 
the law to use as much as one-sixth of the total fund apportioned 
to equalize the school term in the tveaker townships. 

It should always he remembered that no per capita apportion- 
ment of the school fund directly to the district is a legal appor- 
tio7iment in any county, under this section, and that no other 
method of apportionment than that outlined ahove is legal and 
equitable. For instance, if one first-grade salary is fixed for a 
district containing sixty-five children of school age, and one first- 
grade salary is fixed for another district containing forty-five 
children of school age in the same township, the apportionment 
to each district ivould necessarily have to he the same, unless 
there was a difference in the necessary incidental expenses or in 
the kind of first-grade teacher to be employed. The law contem- 
plates only an apportionment to the township per capita, and then 



Sections 4117-18. 43 

such a distrihution of the fiinds of the township as will give each 
district in the toivnship, large or small in population, the same 
length of school term. This cannot be done, unless the board fixes 
the salary to be paid the teacher of each, school in the township 
and apportions the school fund of the township accordingly. Of 
course, it tcould be entirely proper not to fix the same salary for 
every first-grade teacher, tcithout regard to the grade of tcork 
required in each school and the qualifications of individual first- 
grade teachers. What has been said above does not apply to 
special local-tax funds under the control of the school committees. 
And, finally, the term "tceak districts" necessarily applies to all 
the districts of a toicnship, for there can othenmse be provided no 
such equality of school term in' the toicnships as this section con- 
templates.] 

4117. Apportionment, basis of. The semiannual apportionment 
of public-school money shall be based upon the amounts actually 
received by the county treasurer from all sources and reported by 
him to the county board of education, as required by this chapter. 

1901, c. 4, s. 25. 

4118. Fiscal school yeab. The fiscal school year shall begin 
on the first day of July and close on the thirtieth day of June 
next succeeding. 

1901, c. 4, sec. G7. 

A Decision of the Superintendent. 

Would the investment of the proceeds of the sale of old school 
property in neiv property reduce by the amount of such proceeds 
the part of the general county school fund that may be annually 
invested in school buildings? 

The purpose of limiting the amount of the school fund that can 
be annually expended for school buildings was to prevent the 
hurtful decrease of the school term. Using the proceeds of the 
sale of old school property for new and better property is simply 
exchanging school property, and need not be accounted for in the 
annual apportionment of the school fund of the county. 

VIII. THE POWERS AND DUTIES OF THE COUNTY BOARD 
OF EDUCATION. 

Summary: The county board is composed of three members 
elected by the General Assembly. Corporate powers as to ac- 
quiring, holding and disposing of school property are con- 
ferred on this board, and it has additional power to make 



44 Section 4119. 

eegulations governing the attendance of pupils on the schools 
and of teachers on educational meetings. this board also 
controls the time the schools may be in session, the building 
and repair of all schoolhouses, and may create or abolish or 

CONSOLIDATE SCHOOL DISTRICTS. In ADDITION TO THE EXERCISE OF 
THE USUAL CORPORATE POWERS, THIS BOARD MAY CONDEMN LAND FOR 
SCHOOL SITES AND MAY PUNISH FOR CONTEMPT. ALL NECESSARY 
POWER TO ENFORCE THE SCHOOL LAW IS CONFERRED ON THIS BOARD, 
WITH EXPLICIT POWER TO REMOVE THE COUNTY SUPERINTENDENT UPON 
THE COMPLAINT OF THE StATE SUPERINTENDENT, AND TO REMOVE ANY 
TEACHER FOR IMMORAL CONDUCT. 

4119. Election of ; vacancies in, how filled. The General As- 
sembly of one thousand nine hundred and nine shall appoint three 
men in each county, who shall constitute the county board of edu- 
cation — one for a term of office of two years, one for a term of 
office of four years and one for a term of office of six years. The 
term of office of each shall begin on the first Monday in July next 
succeeding his appointment. Each succeeding General Assembly, 
at its regular session, shall appoint one member of the county 
board of education in place of the member whose term of office 
expires on the first Monday in July next succeeding that meeting 
of the General Assembly, and his term of office shall continue for 
six years from the first Monday in July next succeeding his ap- 
pointment and until his successor is duly appointed and qualified : 
Provided, that the provisions of this section shall not apply to 
those counties in which the county boards of education were, at the 
general election of nineteen hundred and eight, elected by a vote of 
the people. No person shall be eligible as a member of the county 
board of education who is not known to be a man of intelligence, 
of good moral character, of good business qualifications and 
heartily in favor of public education. In case of a vacancy 
in the county board of education, by death, resignation or other- 
wise, such vacancy shall be filled by the remaining members 
of such county board ; but if such vacancy should remain un- 
filled for thirty days after it occurs, it shall be filled by the State 
Board of Education. Upon failure of the General Assembly to 
appoint one or more members of the county board of education 
for any county as herein provided, such failure shall constitute 
a vacancy, which shall be filled by the State Board of Education : 
Provided, that no person, while actually engaged in teaching in 
the public schools, shall be eligible as a member of the county 
board of education. 

1901, c. 4, s. 12 ; 1903, c. 269, c. 439, s. 3 ; 1905, c. 533, s. 3 ; 1909, 
c. 435. 



Sections 4120-22. 45 

4120. Qualification of members ; failure to qualify ; vacancy. 
Those persons who shall be appointed members of the county 
board of education by the General Assembly must qualify by 
taking the oath of office on or before the first Monday in July 
next succeeding their appointment. A failure to qualify within 
that time shall constitute a vacancy, which shall be filled by the 
State Board of Education. Those persons who shall be elected 
or appointed to fill a vacancy must qualify within thirty days 
after notification thereof. A failure to qualify within that time 
shall constitute a vacancy, to be filled by the board which made 
such election or appointment. 

4121. Incorporated ; powers and duties of. The county board 
of education shall be a body corporate by the name and style of 

the County Board of Education of County, and by 

that name shall be capable of purchasing and holding real and 
personal estate, of building and repairing schoolhouses, of selling 
and transferring the same for school purposes, and of prosecuting 
and defending suits for or against the corporation. It shall have 
power and authority, and it shall be its duty, to institute and 
prosecute any and all actions, suits or proceedings against any 
and all officers, persons or corporations, or their sureties, for the 
recoveiy, preservation and application of all moneys or property 
which may be due to or should be applied to the support and main- 
tenance of the schools, except in case of a breach of his bond by 
the treasurer of the county school fund, in which case action 
shall be brought by the county commissioners as is hereinafter 
provided. 

1901, c. 4, s. 13 ; 1903, c. 435, s. 4. 

4122. Rules and regulations for schools, teachers and 
PUPILS. The county board of education shall have power and 
authority to fix and determine the method of conducting the 
public schools in their respective counties, so as to furnish the 
most advantageous method of education available to the chil- 
dren attending the public schools in the several counties of the 
State; and such board and the county superintendent of public 
instruction shall have full power to make all just and needful 
rules and regulations governing the conduct of teachers and pupils 
as to attendance on the schools, discipline, tardiness and the gen- 
eral government of the schools. 

1903, c. 435, s. 4. 



46 Sections 4123-24. 

[Under the provisions of this section the county doard and the 
county superintendent may make and enforce such attendance 
regulations as may de necessary to secure regular and prompt 
attendance on the part o-f the children. The same authority may 
also regulate the attendance of teachers on all meetings which 
may he thought to promote educational progress.^ 

4123. Time of opening and closing schools. The time of open- 
ing and closing tlie public schools in the several public-school dis- 
tricts of the State shall be fixed and determined by the county- 
board of education in their respective counties. The board may 
fix different dates for opening the schools in different townships, 
but all the schools of each township must open on the same date, 
as nearly as practicable. 

1903, c. 435, s. 4. 

[This section simply means that the school term must not he 
divided and taught during different seasmis of the year unless 
some epidemic or other providential cause interferes with the 
regular term. The county hoard must exercise this control if it 
would carry out the provisions of section 41iG-] 

4124. SCHOOLHOUSES, building and approval of ; contracts for. 
The building of all new schoolhouses shall be under the control 
and direction of. and by contract with the county board of educa- 
tion. The board shall pay not exceeding one-half of the cost of 
the same out of the fund set aside for building, under section four 
thousand one hundred and sixteen, and the school district in 
which any schoolhouse is erected shall pay the other part, and 
upon failure of such district to provide its part by private sub- 
scription, or otherwise, the board is directed to take it out of the 
apportionment to that district; but the board shall not be author- 
ized to invest any money in any new house that is not built in 
accordance with plans approved by the State Superintendent of 
Public Instruction. All contracts for buildings shall be in writing, 
and all buildings shall be inspected, received and approved by 
the county superintendent of public instruction before full pay- 
ment is made therefor. 

1903, c. 435, s. 4. 

[This means that the county hoard, out of the huilding fund 
%Dhich it may reserve hy the provisions of section JtllG, shall pay 
not exceeding one-half the cost of huilding any new schoolhouse, 
the other part of the expense to he home hy the district; hut the 



Sections 4125-26. 47 

hoard has compJetc control of the whole subject, and may forhid 
the erection of a sclioolhouse in a district xchich ought not to exist. 
It must he remembered that no house can he huilt except in 
accordance tcith plans approved hy the State Superintendent, and 
the county hoard is charged with the duty of carrying into effect 
this provision to secure neat, comfortable and attractive houses. 
Pamphlets containing plans of such houses as will he approved 
by the State Superintendent, together tvith specifications, esti- 
mates of cost and bills for material, will be furnished by the 
State Superintendent on application.] 

4125. Power of, to execute school law. Iu addition to all 
other duties and powers imposed and conferred upon it by law, 
the county board of education shall have genei'al control and 
supervision of all matters pertaining to the public schools in their 
respective counties, and are given the powers to execute and are 
charged with the due execution of the school laws in their respec- 
tive counties ; and all powers and duties conferred and imposed 
by this chapter and other laws of the State respecting public 
schools which are not expressly conferred and imposed upon some 
other official are conferred and imposed upon the county boards 
of education, and an appeal shall lie from all other county school 
officers to such board. 

1901, c. 4, s. 14. 

412G. Removal of county superintendent, members of county 
BOARD AND SCHOOL COMMITTEEMEN. In case the State Superintend- 
ent shall have sufficient evidence at any time that any county su- 
perintendent of public insti*uction or any member of the county 
board of education is not capable of discharging or is not dis- 
charging the duties of his office, as required by this chapter, or is 
guilty of immoral or disreputable conduct, he shall report the mat- 
ter to the county board of education, which shall hear evidence in 
the case; and if, after careful investigation, it shall find sufficient 
cause for his removal, it shall declare the office vacant at once and 
proceed to elect his successor. Either party may appeal from the 
decision of the county board of education to the State Board of 
Education, which shall have full power to investigate and review 
the decisions of the county board of education. This section shall 
not deprive any county superintendent of the right to tiy his title 
to his office in the courts of the State. In case the county superin- 
tendent shall have sufficient evidence at any time that any mem- 
ber of any school committee is not capable of discharging or is not 



48 Sections 4127-29. 

discharging the duties of his office, he shall bring the matter to 
the attention of the county board of education, which shall thor- 
oughly investigate the charges, and shall remove such committee- 
man and appoint a successor, if sufficient evidence shall be pro- 
duced to warrant his removal and the best interests of the schools 
demand it. 

1901, c. 4. ss. 10, 42. 

4127. May hold investigations ; issue subpcenas ; seevice of 
SAME ; appeal to Supekior Couet. The county board of education 
shall have power to investigate and pass upon the moral charac- 
ter of any teacher in the public schools of the county, and to dis- 
miss such teacher if found of bad moral character; also to inves- 
tigate and pass upon the moral character of any applicant for a 
teacher's certificate or for employment as teacher in any public 
school in the county. Such investigation shall be made, after 
written notice of not less than ten days, to the person whose char- 
acter is to be investigated. The board shall have power to issue 
subpoenas for the attendance of witnesses. Subpoenas may be 
issued in any and all matters which may lawfully come within 
the powers of the board and which in the discretion of the board 
require investigation ; and it shall be the duty of the sheriffs, 
coroners and constables to serve such subpoenas upon payment of 
their lawful fees. Appeals provided for in this chapter shall be 
regulated by rules to be adopted by the board. The Superior 
Courts of the State may review any action of the county board of 
education affecting any one's character or right to teach. 

1901, c. 4, s. 15. 

4128. PowEE TO PUNISH FOR CONTEMPT. The couuty board of 
education of each county shall have power to punish for contempt 
for any disorderly conduct or disturbance tending to interrupt it 
in the transaction of official business. 

1901, c. 4, s. 28. 

4129. School districts, how formed. The county board of edu- 
cation shall divide the townships into convenient school districts, 
as compact in form as practicable. It shall consult the conven- 
ience and necessities of each race in setting the boundaries of the 
school district for each race, and shall establish no new school in 
any township within less than three miles by the nearest traveled 
route of some school already established in said township, nor 
shall it create any school district with less than sixty-five chil- 



Section 4130. 49 

dren of school nge, unless such district shall contain at least 
twelve square miles or shall be separated by danijerous natural 
barriers from a school hou^e in the district of which the proposed 
new district Is a part. Nothing in this chapter shall prevent the 
board, whenever it shall deem it necessary for the good of the 
public schools, from forming a school district out of portions of 
two or more contiguous townships. School districts may be 
formed out of portions of contiguous counties by agreement and 
consent of the county boards of education of the two counties, and 
in case of the formation of such districts the per capita part of 
the public-school money due the children residing in one county 
shall be apportioned by the county board of education of that 
county and paid to the treasurer of the other county in which the 
schoolhouse is located, to be placed to the credit of the school dis- 
trict so formed. 

The county hoard of education of any county is authorized and 
empoicered. to change the boundary lines hctween local-tax school 
districts in said county upon satisfactory evidence furnished to 
said hoard that the convenience and hest interests of the resi- 
dents of the diMricts require such change: Provided, that this 
authority to change boundaries hetivcen local-taw districts shall 
not have the effect of releasing any taxpayer from the ohligation 
of paying his school taxes, hut shall he exercised only for trans- 
ferring said taxpayer and his property from one local-tax district 
to another in ivhich the same rate of special taxation for schools 
is levied. 

Upon the consolidation of tiro or more school districts into one 
hy the county hoard of education, the said county hoard of edu- 
cation is authorized and empotcered to make provision for the 
transportation of pupils in said consolidated district that reside 
too far from the schoolhouse to attend xvithout transportation, 
and to pay for the same out of the apportionment to said consoli- 
dated districts: Provided, that the daily cost of transportation per 
pupil shall not exceed the daily cost per pupil of providing a sepa- 
rate school in a separate district for said pupils. 

1901, c: 4, s. 29 ; 1903, c. 435, s. 12 ; 1905, c. 533, s. 7 ; 1909, c. 85G ; 
1911, c. 135. 

4130. INlAY ACCEPT DONATIONS ; MAY SEU!, SCHOOL PROPERTY. The 

county board of education may I'eceive any gift, grant, donation, 
or devise made for the use of any school within its jurisdiction. 
When in the opinion of the board any schoolhouse, schoolhouse 



50 Section 4131. 

site or other public school property has become unnecessax*y for 
public purposes, it may sell the same at public auction, after ad- 
vertisement of twenty days at three public places in the county, 
or at private sale. The deed for the property thus sold shall be 
executed by the chairman and secretary of the board, and the 
proceeds of the sale shall be paid to the treasurer of the county 
school fund. 

1901, c. 4, ss. 30, 36. 

4131. School sites may be acquired by gift, purchase or con- 
demnation. The county board of education may receive suitable 
sites for schoolhouses by donation or purchase. In case of pur- 
chase, it shall issue an order on its treasurer for the purchase 
money, and upon payment of the order the title to the site shall 
vest in the corporation in fee simple. Whenever the board is un- 
able to obtain a suitable site for a school by gift or purchase, it 
shall report to the county superintendent of public instruction, 
who shall, upon five days' notice to the owner of the land, apply 
to the clerk of the Superior Court of the county in which the land 
is situated for the appointment of three appraisei-S, who shall lay 
off by metes and bounds not more than two acres, and assess the 
value thereof. The same means may be used to obtain more land 
in a district where there is a house or a site previously obtained, 
but not more than three acres shall be procured, including the site 
already obtained. They shall make a written report of their pro- 
ceedings, to be signed by them or by a majority of them, to the 
clerk, within five days from their appointment, who shall enter 
the same upon the records of the court. The appraisers and offi- 
cers shall serve without compensation. If the report is confirmed 
by the clerk, the chairman and the secretary of the board shall 
issue an order on the treasurer of the county school fund in favor 
of the owner of the land thus laid off, and upon the payment or 
offer of payment of this order the title to such land shall vest in 
fee simple in the corporation. Any person aggrieved by the action 
of the appraisers may appeal to the Superior Court in term, upon 
giving bond to secure the board against such costs as may be in- 
curred on account of the appeal not being prosecuted with effect. 

1901, c. 4, s. 31 ; 1903, c. 435, s. 13 ; 1905, c. 533, s. 8 ; 1911, c. 135. 

[Several acres of land ought always to 6e secured for the site 
of a rural school, if jwssible.] 



Sections 4132-34. 51 

4132. Deeds to be filed with clerk ; secretary to keep index. 
All deeds to the county board of education shall be registered and 
delivered to the cleric of the Superior Court for safe-keeping, and 
the secretary of the county board of education shall keep an index, 
by township and school districts, of all such deeds in u book for 
that purpose. 

1901, c. 4, s. 32 ; 1903. c. 435, s. 14. 

[This section requires the county superintendent to keep a con- 
vcnient index of the deeds for all the school property of the 
county.] 

4133. Meetings of; duties at. The county board of education 
shall meet on the first Monday in January. April, July and Octo- 
ber, and may, if necessary, continue in session two days, and it 
may have called meetings, of one. day each, as often as once a 
month if the school business of the county require it. It shall, at 
the meetings in January, April, July, and October, examine the 
books and vouchers and audit the accounts of the treasurer of the 
county school fund. The boards of education of the several coun- 
ties shall cause to be published annually on the first Monday of 
August in some newspaper published in the county, or at the 
courthouse door if there he no neivspapcr published therein, an 
itemized statement of all receipts and expenditures of school 
funds. 

1891, c. 460; 1901, c. 4, s. 27; 1903, c. 435, s. 26; 1905, c. 533, s. 
21 ; 1911, c. 135. 

4134. Superintendent and treasurer to meet with, in July, 
TO settle all business of fiscal year. On the first Monday in 
July the county board of education, county superintendent of pub- 
lic instruction and treasurer shall meet at the office of the board 
and settle all the business of the preceding fiscal year. The board 
shall on that day examine the reports of treasurer and county su- 
perintendent, and if found correct shall direct them to be for- 
warded to the State Superintendent within thirty days thereafter. 

1901, c. .4, s. 59 ; 1903, c. 435, s. 20. 

Compensation of members of board. The members of the 
county board of education shall receive two dollars per diem and 
the same mileage as is allowed to the members of the board of 
county commissioners of their counties. 

Revisal of 1905, v. I, c. 66, s. 2786. 



52 Decisions. 

Decision of State Superintendent. 

What is the duty of the county hoard in the selection of a super- 
intendent? 

The hoard has no more important duty than this, of electing a 
county superintendent. I heg to urge the ohservance of the fol- 
lowing in the selection of a county superintendent: 

(1) Without fear, ivithout prejudice, political or sectarian, hav- 
ing hefore your eyes only the xcelfare of the children and the suc- 
cess of the public schools, select the most competent man to he had 
for the money, choosing him from your county if such a> man is 
to he found there, and if not to he found in the county, seeldng 
him wherever he can he found, as the law permits. (2) If your 
present county superintendent possesses the necessary qualifica- 
tions for a successful administration of his delicate, difficult and 
important duties, as I trust lie may, reelect him and give him a 
chance to shoio tchat is' in him and to make a greater success of 
his work, hy paying him, if possible, a sufficient salary, under 
section 2782, to justify him in giving all his time and thought to 
the iDork of supervision and to justify you in requiring him to do 
this. (3) Take advantage of the law and pay your superintend- 
ent as large a salary as your school fund tcill justify; hut he sure 
that you get more man and more time for more money. 

IX. THE POWERS AND DUTIES OF THE COUNTY 
SUPERINTENDENT. 

Summary: The county superintendent is elected foe a teem 
OF two yeaes by the county board on the fibst Monday in 
July. He must be a man of libeeal education and of good moeal 
chaeactee, and must also be a practical teacher or have had 
two yeaes' expeeience in teaching. Dueing the public-school 

teem he must visit the public schools, and he cannot ENGxVGE 

IN school woek which will nullify this eequieement. The 

COUNTY SUPEEINTENDENT IS SECRETARY OF THE COUNTY BOARD, AND 
must HAVE HIS OFFICE AT THE COUNTY-SEAT. He IS EEQUIEED TO 
HOLD TOWNSHIP TEACHERS' MEETINGS, SUPERVISE THE WOEK OF THE 
TEACHERS, ATTEND THE STATE ASSOCIATION OF COUNTY SUPERIN- 
TENDENTS, MUST INSTRUCT COMMITTEEMEN AS TO THEIR DUTIES, 
MUST DISTRIBUTE THE BLANK FORMS FUENISHED HIM BY THE STATE 
SUPEEINTENDENT, MUST MAKE EEPOETS TO THE STATE SUPEEINTEND- 
ENT, AND HE MUST FURNISH STATISTICS AS TO THE NUMBER OF DEAF 
AND DUMB AND BLIND CHILDREN IN HIS COUNTY. If THE COUNTY 



Sections 4135-3G. 53 

school fund exceeds $15,000 annually, he may be paid such 
salary as the county board may fix ; otherwise, his salary 
may be fixed at four per cent of the disbursements of thei 
school fund, or it may be fixed at not less than $3 a day for 
the time actually employed. no voucher in the hands of the 
treasurer of the school fund is a valid voucher unless signed 
by the county superintendent. under certain conditions, the 
county superintendent has charge of the examination and 
certification of teachers. 

4135. Election, qualification and term of office ; vacancy. 
The county board of education, on the first Monday in July, one 
thousand nine hundred and five, and biennially thereafter, shall 
elect a county superintendent of public instruction, who shall be 
at the time of his election a practical teacher, or who shall have 
had at least two years' experience in teaching school, and who 
also shall be a man of liberal education, and shall otherwise be 
qualified to discharge the duties of his office as required by law, 
due regard being given to experience in teaching. Such superin- 
tendent must be of good moral character, and shall hold his office 
for a term of two years from the date of his election and until his 
successor is elected and qualified. Any person who has filled the 
office of county superintendent for four years next preceding the 
eleventh day of March, one thousand nine hundred and one, shall 
be eligible to such office in Bertie and Bladen and Columbus coun- 
ties, if the election of such person meets the approval of the State 
Board of Education. In case of vacancy, by death, resignation or 
otherwise, in the office of county superintendent, such vacancy 
shall be filled by the county board of education. 

The county superintendent of public instruction shall have au- 
thority to administer oaths to teachers and all suhordinate school 
officials ichere an oath is required of the same. 

1901, c. 4, s. IG ; 1903, c. 435, s. 5 ; 1911, c. 135. 

[The county superintend e7iVs office is the most important office 
in the county. He need not be a resident of the county tchen 
elected. ' If possible, he should be paid large enough salary to en- 
able him to devote all his time to his iDorJc] 

413G. Report of election of, to State Superintendent. Imme- 
diately after the election of the county superintendent of public 
instruction the chairman of the county board of education shall 
report to the State Superintendent of Public Instruction the name, 



54 Sections 4137-39. 

address, experience and qualifications of the person elected ; and 
the person elected shall report to the State Superintendent, as 
soon as he shall have qualified, the date of such qualification. 
1901, c. 4, s. 16 ; 1903, c. 435, s. 5. 

4137. Districts in cities and towns may jointly employ. By 
and with the consent of the county board of education, the school 
committees of two or more contiguous districts in any city or 
town may, by a majority vote of the committee in each district, 
employ a practical teacher, who shall be known as the superin- 
tendent of the pu.blic schools of such districts, and he shall per- 
form all the duties of the county superintendent of public instruc- 
tion as to such districts, and shall make to the county superin- 
tendent all reports that may be necessary to enable him to make 
his reports to the State Superintendent. 

1889, c. 199, s. 47 ; 1901, c. 4, s. 74. 

4138. Not to teach school ; to beside in" the county. Every 
county superintendent shall reside in the county of which he is 
superintendent. It shall not be lawful for any county superin- 
tendent to teach a school while the public schools of his county 
are in session ; but the State Board of Education may, for good 
and sufficient reason, permit a county superintendent to so teach. 

1901, c. 4, s. 44. 

4139. Ex officio secretary to the board ; records to be kept. 
The county superintendent of public instruction shall be ex officio 
the secretary of the county board of education. He shall record 
all proceedings of the board, issue all notices and orders that may 
be made by the board pertaining to the public schools, school- 
houses, sites or districts (which notices or orders it shall be the 
duty of the secretary to serve by mail or by personal delivery, 
without cost), and record all school statistics, look after all for- 
feitures, fines and penalties, see that the same are placed to the 
credit of the school fund, and report the same to the board. The 
board shall provide the county superintendent with an office at 
the county-seat, in the county courthouse if possible, and with, a 
suitable book in which to keep the records required by this section. 
The records of the board and the county superintendent shall be 
kept in the office provided for that purpose by the board. 

1901, c. 4, s. 36. 

[It is very important to keep full and accurate records and to 
look closely after the proper disposition of all fines, forfeitures 



Sections 4140-42. 55 

and penalties. An account hook will be furnished on application 
to the State Superintendent. The superintendent should report to 
the solicitor all failures to applii the moneys from fines, etc., to 
their proper purpose.] 

4140. To HOLD teachers' meetings. The county super iutendent 
shall each year hold not less than one teachers' meeting in each 
township, which the teachers shall be required to attend. If nec- 
essary, one school day must be set apart for this purpose. 

1901, c. 4, s. 38 ; 1903, c. 435, s. 17. 

4141. Must advise and ma\- suspend teachers ; must attend 
State Association of Superintendents. It shall be the duty of 
the county superintendent to advise with the teachers as to the 
best methods of instruction and school government, and to that 
end he shall keep himself thoroughly informed as to the progress 
of education in other counties, cities and States. He shall have 
authority to correct abuses, and to this end he may. with the con- 
currence of a majority of the school committee, suspend any 
teacher who may be guilty of any immoral or disreputable con- 
duct or may prove himself incompetent to discharge efficiently the 
duties of a public-school teacher or who may be persistently neg- 
lectful of such duties. The county superintendent shall be re- 
quired to visit the public schools of his county while in session, 
and shall inform himself of the condition and needs of the various 
schools within his .iurisdiction. Unless providentially hindered, 
he shall attend continuously during its session the annual meet- 
ing of the State Association of County Superintendents, and the 
annual mectiiif; of the District Association of County Superintend- 
ents, and the county board of his county shall pay out of the 
county school fund his traveling expenses, including board, and 
allow him his per diem while attending such meeting; but county 
superintendents emjDloyed on salary shall not receive any per 
diem while in attendance on such meeting. 

1901, c. 4, s. 39; 1903, c. 435, s. 18; 1905, c. 533, s. 10; 1911, 
c. 135. 

[It is mandatory that the county superintendent visit the schools, 
and county boards of education must sec that the laic is properly 
oI)served.] 

4142. Must distribute blanks and books and advise commit- 
tees. It shall be the duty of the county superintendent to dis- 
tribute to the various school committees of his county all such 



56 Section 4143. 

blanks as may be furnished by the State Superintendent of Public 
Instruction for reports of school statistics of the several districts ; 
also blanks for teachers' reports and for orders on the treasurer 
of the county school fund for teachers' salaries. He shall also dis- 
tribute to the school committees school registers for their respec- 
tive districts and necessary record books ; he shall advise with 
the committee as to the best methods of gathering the school sta- 
tistics contemplated by such blanks, and by all proper means shall 
seek to have statistics fully and properly reported. 
1901, c. 4, s. 40. 

4143. Must make eeports to State Superintendent. It shall 
be the duty of each county superintendent, on or before the first 
Monday in July of each year, to report to the State Superintend- 
ent of Public Instruction an abstract statement of the number, 
grade, race and sex of the teachers examined and approved by 
him during the year ; also the number of public schools taught in 
the county during the year for each race, the number of children 
of school age in each school district, the number enrolled in each 
district, the average daily attendance in each district, by race and 
sex, and the number of all persons in the county between the ages 
of twelve and twenty-one who cannot read and write. He shall 
also report, by race and sex, the number of pupils enrolled in all 
the schools, their average attendance, the average length of terms 
of the schools and the average salary for the teachers of each 
race ; the number of school districts for each race, and any new 
school districts laid out during the year shall be specified in his 
report. He shall also report the number of public-school houses 
and the value of the public-school property for each race, the num- 
ber of teachers' institutes held, the number of teachers attending 
such institutes, together with such suggestions as may occur to 
him promotive of the school interest of the county. He shall 
record in his book an accurate copy of such report. If any county 
superintendent fail or refuse to perform any of the duties required 
of him by this chapter, he shall be subject to removal from his 
oflice by the county board of education upon the complaint of the 
State Superintendent of Public Instruction. 

1901, c. 4, s. 41. 

{Copies of all reports made should be recorded in the record 
Tyook of the county hoard for future reference. It would he well 
to record, also, the treasurer's report.'] 



St:cTinN 4144. 57 

4144. To REPORT AS TO DEAF AND DUMB AND BLIND CHILDREN. It 

shall be the duty of the county superintendent to require of the 
school coumiittees, hi enumerating the number of school Children, 
to make a statement in the report of the number of deaf and 
dumb and blind between the ages of six and twenty-one years, 
designating the race and sex, and the address of the parent or 
guardian of such children ; and the county superintendents are 
hereby required to furnish such information to the principals of 
the deaf and dumb and blind institutions; and the Superintendent 
of Public Instruction, in preparing blanks for reports required to 
be made to him. shall include questions the answers to which will 
furnish the information required by this section. 
1901, c. 4, s. 43. 

Salary of county superintendent. The salary of the county 
superintendent of schools shall be fixed by the county board of 
education. It shall not he less than three dollars per day while 
engaged in the service of the public schools. The county board 
of education may fix an annual salary not to exceed four per cent 
of the disbursements for schools under his supervision. The 
county board of education of any county whose total school fund 
exceeds fifteen thousand dollars may employ a county superin- 
tendent, for all of his time, at such salary as may be fixed by said 
board. 

Revisal of 1905, v. I, c. 60, s. 2782. 

X. THE POWERS AND DUTIES OF THE SCHOOL 
COMMITTEE. 

Summary: The school committee is composed of three per- 
sons, appointed by the county board on the first Monday in 
July, for a term of two years. These may be township or dis- 
trict committeemen, as the county board may determine. The 
committee must take the school census, for which the compen- 
sation is two cents for each name. Each school committee 
must elect a chairman and a secretary, and keep an accurate 
record of all its proceedings, and control and care for the pub- 
lic-school property in the public interest. The committee is 
also charged with ascertaining the number of deaf and dumb 
and blind children, as well as the number of illiterate chil- 
DREN, BETWEEN THE AGES OF TWELVE AND TWENTY-ONE. ThE 
SCHOOL COMMITTEE CANNOT EXPEND ANY MONEY APPORTIONED FOR 
INCIDENTAL EXPENSES WITHOUT THE CONSENT OF THE COUNTY BOARD ; 



58 Section 4145. 

and they must keep an accurate; record of the employment of 
teachers and of any special funds disbursed by them. they 
are prohibited from overdrawing the amount apportioned foe 
teachers' salaries, and from making a contract beyond ttleib 
term of office. contracts with private schools may be made, 
by which the public school may be taught in connection 
with such schools. no money for district expenses of any 
kind or for the salaries of teachers may be paid by the county 
treasurer except on an order signed by a majority of the com- 
MITTEE. 

4145. Qualifications and election of ; care taken of school- 
houses. The county board of education of each county shall, on 
the first Monday in July, one thousand nine hundred and five, and 
biennially thereafter, appoint in each of the townships of the 
county three intelligent men of good business qualifications, who 
are knovi^n to be in favor of public education, who shall serve for 
two years from the date of their appointment as school committee- 
men in their respective townships and until their successors are 
elected and qualified. If a vacancy shall occur at any time, by 
death, resignation or otherwise, it shall be the duty of the county 
board of education to fill such vacancy. Such board shall have the 
power to pay out of the reserve school fund to each member of 
the township committee thus appointed one dollar per day for not 
more than four days per annum. Such township committee must 
take the census in their township by districts, and shall be paid 
for taking the same at the rate of two cents per name, and may 
be paid each one dollar per day for not exceeding four days each 
year for such additional services as may be rendered by the com- 
mittee in the discharge of their legal duties. Every township com- 
mittee shall appoint one man in each school district in the town- 
ship to look after the schoolhouse and property and advise with 
the committee. The county board of education in each county 
may, if it deem best, biennially, on the first Monday in July, in- 
stead of electing township committeemen, elect for each school of 
the several townships three school committeemen of intelligence 
and good business qualifications who are known to be in favor of 
public education, who shall serve for two years from date of their 
appointment as committeemen and until their successors are 
elected and qualified. If a vacancy should occur at any time, by 
death, resignation or otherwise, it shall be the duty of the county 
board of education to fill such vacancy ; and in case such school 
committeemen shall be elected as above, all the powers and duties 



Sections 414G-4S. 50 

conferred under this chapter on the township committeemen shall 
vest in such committeemen of the several schools of the township, 
who shall serve without compensation. 

1901, c. 4, s. 17 ; 1903, c. 435, s. 6 ; 1905, c. 533, ss. 17, IS ; 1909, 
c. 769. 

[The committee system should he uniform; there should he 
toicnship committeemen only in a county, or only district coin- 
niittecnicn. Those counties ichich have adopted the township sys- 
tem find it much the more satisfactory. This is the experience of 
other States. The general adoption of the toxcnship system in tliis 
State ivould therefore he greatly desirahle.] 

4146. To ELECT CHAIRMAN AND SECRETARY ; APPEALS FROM. The 

school committee, as soon as practicable after their election and 
qualification, not to exceed twenty days, shall meet and elect from 
their number a chairman and secretary, and shall keep a record 
of their proceedings in a book to be kept for that purpose. The 
name and address of the chairman and secretary shall be reported 
to the county superintendent of public instruction and recorded 
by him. 

1901, c. 4, s. IS. 

[A record hook for committeemen will he supplied hy the county 
superintendent .'] 

4147. Powers and duties as to school property. The school 
committee shall be entrusted with the care and custody of all 
schoolhouses. schoolhouse sites, grounds, books, apparatus or other 
public-school property in the township, with full power to control 
the same, as they may deem best for the interest of the public 
schools and the cause of education. 

1901, c. 4, s. 19. 

4148. Census to be taken ; reports ; deaf and dumb, blind and 
illiterate to be reported. The school committee is required to 
furnish biennially to the county superintendent a census report of 
all the pupils of school age in their township or district, by name, 
age, sex" and race; also the names of their parents or guardians. 
The blanks upon which such reports are to be made shall be fur- 
nished to the various school committees by the county superin- 
tendent on the first Monday in June of the year in ivhich the census 
is required, which report shall be duly sworn to by each one of the 
committee and returned to the county superintendent on or before 
the first Monday in July of the year in which the census is re- 



60 Sections 4149-51. 

quired, and any committee failing to comply with the provi- 
sions of, this section without just cause shall be subject to re- 
moval. The school committee shall be allowed a sum not exceed- 
ing two cents per name for all names reported between the ages 
of six and twenty-one. The committee shall also report to the 
county superintendent, who shall in turn report to the county 
board of education, the number of public-school houses and the 
value of all public-school property for each race separately, and 
furnish to the teacher at the opening of the school a complete 
copy of the census furnished to the county superintendent, which 
shall be recorded by the teacher in a register containing the name 
and age of each pupil of school age in that district. They shall 
also report, by race and sex, the number of all persons between 
the ages of twelve and twenty-one who cannot read and write, and 
the number of deaf and dumb and blind between the ages of six 
and twenty-one years, designating the race and sex, and the ad- 
dress of the parents or guardians of such children. 

1901, c. 4. ss. 20, 43; 1901, c. 3, s. 1; 190.3, c. 43.5. s. 7; 1911, 
c. 135. 

4149. To KEEP A EECOED OF RECEIPTS AND EXPENDITURES ; PURCHASE 

SUPPLIES. The school committee for each township or district 
shall keep a book in which shall be recorded an itemized state- 
ment of all moneys apportioned to, received and expended by them 
for each school, and a copy of all contracts made by them with 
teachers. The committee shall have authority to purchase the 
supplies necessary for conducting the schools and for repairs, to 
an amount not to exceed in the aggregate the sum of twenty-five 
dollars in any one year for each school ; but nothing in this sec- 
tion shall be so construed as to give school committees the right to 
make expenditures without the order of the county board. 
1901, c. 4, ss. 21, 35 ; 1905, c. 533, s. 19. 

[The county superintendent should fm-nish the committeemen 
a record hook to keep their accounts.] 

4150. Must not overdraw. No committee shall give an order 
unless the money to pay it is actually to the credit of the district, 
and no part of the school fund for one year shall be used to pay 
school claims for any previous year. 

1901, c. 4. s. 34 ; 1903, c. 435, s. 16. 

4151. Private schools, committee may contract with ; effect. 
In any school district where there may be a private school regu- 



Section 4151. 61 

laiiy conducted for at least six months in the year, unless such 
private school is a sectarian or denominational school, the school 
committee may contract with the teacher of such private school 
to give instruction to all pupils between the ages of six and 
twenty-one years in the branches of learning taught iu the public 
schools, as prescribed in this chapter, without charge and free of 
tuition ; and such school committee may pay such teacher for such 
service out of the public-school fund apportioned to the district, and 
the agreement as to such pay shall be arranged between the com- 
mittee and teacher. Every teacher of the public-school branches 
in such school shall obtain a first-grade certificate before begin- 
ning his or her work, and shall from time to time make such re- 
ports as are required of other teachers under this chapter. The 
county superintendents of public instruction shall have the same 
authority in respect to the employment and dismissal of teachers 
under this section, and in every other respect, as is conferred in 
other sections of this chapter; and all contracts made under this 
section shall designate the minimum length of the public-school 
term, which shall not be less than the average length of the pub- 
lic-school term of the county of the preceding year. The amount 
paid such private school for each pupil iu the public-school 
branches, based on the average daily attendance, shall not exceed 
the regular tuition rates in such school for such branches of 
study. Every school to which aid shall be given under this chapter 
shall be a public school, to which all children living within the 
district between the ages of six and twenty-one years shall be 
admitted free of charge for tuition: Provided, that in case of 
contract with the teacher of a private school, under this section, 
tuition may be charged for instruction in higher branches of study 
not mentioned in section four thousand and eighty-seven, if the 
apportionment of funds for the public school of the district would 
in the opinion of the county board of education be insufficient to 
provide instruction in these higher branches of study if the public 
school were taught separately. The committee may admit pay 
students over twenty-one years of age. 

1901, c. 4, ss. 33, 65 ; 1903, c. 435, s. 15 ; 1905, c. 533, s. 12. 

XI. THE TREASURER OF THE SCHOOL FUND. 

Summary: The county treasurer is treasurer of the school 

FUND, AND he MUST GIVE A SEPARATE BOND FOR THE FAITHFUL DIS- 
CHARGE OF HIS DUTIES. He IS ALSO REQUIRED TO KEEP AN ITEMIZED 
RECORD OF HIS RECEIPTS AND DISBURSEMENTS OF THE SCHOOL FUND, 



62 Section 4152. 

and to pay no order for money unless properly signed by the 

COMMITTEE AND COUNTY SUPERINTENDENT. ThE TREASURER IS ALSO 
REQUIRED TO BE IN HIS OFFICE ON THE LAST SATURDAY OF EACH 
MONTH, AND TO KEEP AN ACCOUNT WITH EACH TOWNSHIP AND SCHOOL 

DISTRICT. Annually he must report to the State Superintend- 
ent AND TO THE COUNTY BOARD, SETTING FORTH ALL THE MONEY 

transactions of the year. the county board may require re- 
ports oftener than once a year. failure to make proper re- 
ports constitutes a misdemeanor. the compensation of the 
treasurer is to be fixed by the county board, not to exceed 2 
per cent of his disbursements. 

4152. County treasurer made treasurer of school fund ; bond. 
The county treasurer of each county shall receive and disburse all 
public-school funds, and shall keep the same separate and distinct 
from all other funds ; but before entering upon the duties of 
his office he shall execute a justified bond, with security, in an 
amount to be fixed by the board of county commissioners, not 
less than the moneys received by him or by his predecessor during 
the previous year, conditioned for the faithful performance of his 
duties as treasurer of the county school fund, and for the pay- 
ment over to his successor in office of any balance of school moneys 
that may be in his hands unexpended. The bond of the treasurer 
of the county school fund shall be a separate bond, not including 
liabilities for other funds, and shall be approved by the board of 
county commissioners, and that board may from time to time, 
if necessary, require him to strengthen his bond. 

Compensation of county treasurer for receiving and dis- 
bursing SCHOOL FUNDS. The county treasurer shall receive as com- 
pensation in full for all services required of him such a sum, not 
exceeding one-half of one per cent on moneys received and not ex- 
ceeding two and a half per cent on moneys disbursed by him, as 
the board of county commissioners of the county may allow. As 
treasurer of the county school fund he shall receive such sum as 
the board of education may allow him, not exceeding two per cent 
on disbursements : Provided, that in counties where his compen- 
sation cannot exceed the sum of two hundred and fifty dollars the 
said treasurer may be allowed a sum not exceeding two and a 
half per cent on his receipts and his disbursements : Provided 
further, that the County Treasurer of Buncombe County shall re- 
ceive as compensation in full for all services required of him 
seventeen hundred and fifty dollars per annum, paid pro rata from 



Sections 4153-55. G3 

the county fund and the school fund. The County Treasurer of 
Gaston County shall receive as compensation in full for all serv- 
ices required of him a yearly salary not exceeding twelve hundred 
dollars, to be fixed by the commissioners of said county. The 
County Treasurer of Rlecklenburg County shall receive as com- 
pensation in full for all services required of him a yearly salary 
not exceeding twenty-seven hundred and fifty dollars, to be fixed 
by the commissioners of said county ; said salaries to be in lieu 
of all commissions allowed by law. The Treasurer of Martin 
County shall receive as his commissions two and one-half per cent 
on all money received by him as general county fund and two and 
one-half per cent on all money disbursed by him as general county 
fund. Commissions on school fund shall remain as already pro- 
vided for by law. 

1901, c. 4, ss. 4(3, 47 ; Revisal 1905, c. GO, s. 2878. 

4153. Bond, action on. The board of county commissioners 
shall bring action in the name of the State upon the relation of 
such board for any breach of the bond of the treasurer of the 
county school fund, and on its failure to bring such action it may 
be brought in the name of the State on the relation of any tax- 
payer. 

1901, c. 4, s. 47. 

4154. To KEEP DETAILED ACCOUNT OF RECEIPTS ; TO ACCEPT WONEl' 

ONLY. The treasurer of the county school fund shall keep a book 
in which shall be entered a full and detailed account of all public- 
school moneys received by him, the name of each person paying 
him school money, the source from which the same may have been 
derived, and the date of such payment. In his settlement with 
the sheriff or other collecting officer of public-school funds the 
treasurer shall receive money only. 
1901, c. 4. s. 52. 

4155. To PAY ONLY SUCH ORDERS AS ALLOWED HEREIN. Every 

order for the payment of a teacher's salary, for building, repairs, 
school furnishing or for the payment of money for any purpose 
whatsoever, before it shall be a valid voucher for the county 
treasurer, shall be signed first by at least two members of the 
school committee, then by the county superintendent. No order 
shall be signed by the county superintendent for more money 
than is to the credit of that district for the fiscal year, nor shall 
he endorse the order of any teacher who does not produce a cer- 
tificate as required by law. The treasurer shall not pay any 



64 Sections 4156-58. 

school money for building or repairing any schoolhonse unless 
the site on which it is located has been donated to or purchased 
by the county board of education and the deed for the same 
regularly executed and delivered to such board and probated and 
registered in the office of the register of deeds for the county 
and delivered to the clerk of the Superior Court, to be by him 
safely deposited with his valuable official papers and surrendered 
to his successor in office. 
1901, c. 4, s. 48. 

4156. To BE AT HIS OFFICE ON LAST SATURDAY IN MONTH. The 

treasurer of the county school fund shall, on the last Saturday 
of each month, attend at his office for the purpose of paying 
school orders, but this shall not prevent the payment of orders 
at other times. 
1901, c. 4, s. 58. 

4157. To KEEP AN ACCOUNT WITH EACH TOWNSHIP AND DISTRICT; 

ANNUAL KEPOHT OF BALANCES. It Shall be the duty of the treasurer 
of the county school fund to keep a book in which he shall open 
an account with each township in the county, showing the amount 
apportioned to such township by the county board of education. 
He shall also open an account with each school district, showing 
the amount apportioned to such district. He shall record all pay- 
ments of school money, giving the date, the amount, the person 
to whom paid and for what purpose paid. He shall balance the 
account of- each township and district annually on the thirtieth 
of June, and shall report by letter or printed circular, within ten 
days thereafter, such balances to the county board of education 
and to the school committee. 
1901, c. 4, s. 49. 

4158. To REPORT ANNUALLY TO STATE SUPERINTENDENT AND TO 

COUNTY BOARD. The treasurer of the county school fund shall re- 
port to the State Superintendent of Public Instruction on the first 
Monday of August of each year the entire amount of money 
received and disbursed by him during the preceding school year, 
designating by items the amounts received, respectively, from prop- 
erty tax, poll tax, liquor licenses, fines, forfeitures and penalties, 
auctioneers, estrays, from State Treasurer and from other sources. 
He shall also designate by item the sum paid to teachers of each 
race, respectively, for schoolhouses, school sites in the several dis- 
tricts, and for all other purposes, specifically and in detail, by 
item, and on the same date he shall file a duplicate of such report 



Skctions 4159-60. 65 

in the office of the county board of education. He shall make 
such other reports as the county board of education of the county 
may require from time to time. Whenever the sheriff or other 
collecting officer pays over money to the treasurer of the srhool 
fund he shall designate the items as indicated in this section, 
and these items shall be stated in the receipts given by the treas- 
urer. 

1901, c. 4, ss. 51, 50. 

4159. Duties on expiration of his term. Each treasurer of 
the county school fund, in going out of office, shall deposit in the 
office of the board of education of his county his books in which 
are kept his school accounts, and all records and blanks pertain- 
ing to his office. If the term of office of any treasurer shall expire 
on the thirtieth day of November during any fiscal school year, 
or if for any reason he shall hold office beyond the thirtieth day 
of November and not for the whole of the current fiscal school 
year, he shall at the time he goes out of office file with the county 
board of education and with his successor a report, itemized, as 
required by the next preceding section, covering the receipts and 
disbursements for that part of the fiscal school year from the 
thirtieth of June preceding to the time at which he turns over 
the office to his successor, and his successor shall include in his 
report to the State Superintendent the receipts and disbursements 
for the current fiscal year. 

1901, c. 4, ss. 57, 58. 

4100. To exhibit books, vouchers and money to county board. 
The treasurer of the county scliool fund shall, when required by 
the county board of education, produce his books and vouchers 
for examination, and shall also exhibit all moneys due the public- 
school fund of the county at each settlement required by this 
chapter. 

1901, c. 4, s. 50. 

Treasurer failing to report. If any treasurer of the county 
school fund shall fail to make reports required of him at the time 
and in the manner prescribed, or to perform any other duties 
required of him by law, he shall be guilty of a misdemeanor and 
be fined not less than fifty dollars and not more than two hundred 
dollars or imprisoned not less than thirty days nor more than six 
months, in the discretion of the court. 

Revisal of 1905, v. I, c. 81, s. 3839, 



66 Section 4161. 

XII. PRIVILEGES AND DUTIES OF TEACHERS. 

Summary: All teachers are employed by the school com- 
mittee, BUT cannot be dismissed EXCEPT FOR CAUSE, AFTER WRITTEN 
charges have been PREFERRED AND AN INVESTIGATION HELD. No 

contract is legal unless it was entered into with the com- 
mittee at a regularly called meeting, and unless the con- 
tract does not extend beyond the term of office of the com- 
mittee, and unless the compensation which the contract 
names is within the salary limit prescribed by' the county 
board for the particular school contracted for. there are 

three kinds of certificates the ordinary certificate of three 

grades granted by the county superintendent ; the five-year 
State certificate, with a minimum salary of $35 per month to 

THE holder, and THE HIGH-SCHOOL CERTIFICATE, WITH A MINIMUM 
SALARY OF $40 PER MONTH TO THE HOLDER. THE STATE AND THE 
HIGH-SCHOOL CERTIFICATES ARE GRANTED BY THE StATE BOARD OF 

Examiners. The first-grade certificate given by the county 
superintendent entitles the holder to teach for two years ; 
the second-grade certificate entitles the holder to teach one 
y'ear and limits the holder's salary to $25 per month. hold- 
ers of third-grade certificates can be employed only as assist- 
ANTS. All TEACHERS MUST BE 18 YEARS OF AGE. NO DIPLOMA OF 
ANY COLLEGE OR NORMAL SCHOOL GIVES ITS HOLDER TtlE RIGHT TO 

TEACH. Every teacher must keep certain records and make 
certain reports before he can collect his salary, as well as 
encourage morality and good order and maintain discipline. 
Every teacher is required once every two years to attend the 
county institute, if held. immoral and willfully disobedient 
pupils may be dismissed by the teacher. there is no regula- 
tion forbidding corporal punishment. 

4161. School committee to employ and dismiss teachers ; no- 
tice ; CONTRACTS. Tlie school committee shall have authority to 
' employ and dismiss teachers, but no teacher shall be dismissed 
until charges shall have been filed in writing with the county 
superintendent, and after a hearing shall have been had before the 
committee of the district in which such teacher is teaching, after 
two days' notice to such teacher. The committee shall meet at 
convenient times and places for the employment of teachers for the 
public schools, and no teacher shall be- employed by any committee 
except at a regularly called meeting of such committee, due notice 
of such meeting having been given at three public places by the 



Section 41G2. 67 

committee. The county superinteudent shall be uotifiecl at once by 
the secretary of the committee of the name of the teacher elected, 
and a copy of the contract, duly signed and recorded, shall be filed 
with the county superintendent ; and no voucher for the salary of 
a teacher of any school shall be signed by any county superin- 
tendent unless a copy of such teacher's contract has been filed with 
him as herein provided, and unless ho shall have received satisfac- 
tory evidence that such teacher has been elected in strict accord- 
ance with this section. No contract for teachers' salaries shall be 
made during any year to extend beyond the term of office of the 
committee, nor for more money than accrues to the credit of the 
district for the fiscal year during which the contract is made. 
1901, c. 4, ss. 20, 22, 34 ; 1901, c. 3, s. 1 ; 1903, c. 435, ss. 7, 10. 

4162. Examination ; peoficiency ; grades. On the second Thurs- 
day of July and October of every year the county superintendent 
of schools of each county shall publicly examine all applicants of 
good moral character for teachers' certificates on all subjects re- 
quiretl to be taught in the public schools, and also on the theory 
and practice of teaching ; and the county superintendent may con- 
tinue the examination from day to day, if necessary, until all 
applicants have been examined ; and, with the approval of the 
county board of education, he may, after giving at least ten days' 
notice, hold public examinations on two other dates during the 
year. All examinations of teachers shall be held at the county 
courthouse, but for the convenience of teachers the county superin- 
tendent may designate another place : Provided due notice of the 
time and the place shall have been given. No private examination 
of applicants for teachers' certiticatos shall be given by the county 
superintendent unless a reasonable excuse shall be rendered for 
failure to attend the public examination ; and for every private 
examination each applicant for a certificate shall pay in advance 
to the county superintendent a fee of three dollars, to be paid by 
him to the treasurer of the county school fund, to be placed to the 
credit of the general school fund of the county. A general aver- 
age of ninety per cent and over shall entitle the applicant to a 
first-grade certificate; a general average of eighty per cent and 
less than ninety per cent shall entitle the applicant to a second- 
grade certificate, and a general average of seventy per cent and 
less than eighty per cent shall entitle the applicant to a third- 
grade certificate. No certificate shall be valid except in the county 
in which it is issued. First-grade certificates shall be valid for 
two years from date of issue; other grades of certificates shall be 



68 Section 4162. 

valid for ouly one year and shall not be renewed except upon 
examination. The county superintendent may invite competent 
persons to assist in tlie examination of applicants for certificates, 
and lie shall file in his oflBce a copy of all examination questions, 
and also preserve for at least one year the examination papers 
and grades of all applicants for certificates, and upon request of 
the State Superintendent of Public Instruction he shall send all 
examination papers and their gradation and a copy of all exami- 
nation questions to the office of the State Superintendent of Public 
Instruction : Provided, that the State Superintendent of Public 
Instruction, in lieu of the provisions of this section in reference 
to the examination, the gradation and the certification of teach- 
ers, may in his discretion provide for a uniform system of grada- 
tion, examination and certification of public-school teachers, pre- 
scribing the examination, the time and manner of conducting the 
same, and also for making provision for the classification of 
teachers' certificates into primary, intermediate and high school. 

In addition to the three grades of certificates herein provided, a 
certificate Imown as State certificate, signed by the State Super- 
intendent and Board of Examiners, hereinafter provided, shall be 
issued to any person vi'ho upon examination by said board of ex- 
aminers shall malve a general average of not less than ninety per 
cent. Said examination shall be in writing and may be conducted 
before the county superintendent of public instruction in any 
county or before any person selected by said board of examiners, 
under such rules and regulations as said board may adopt, but 
the questions for such examination shall be furnished by said 
board of examiners, and said board shall meet at the call of the 
State Superintendent of Public Instruction to examine and grade 
all papers submitted by applicants for such State certificate. The 
State Superintendent of Public Instruction shall be ex officio chair- 
man of said board, and the chief cleric in the office of the State 
Superintendent of Public Instrxwtion shall he ex officio secretary 
of the said hoard, and shall be paid out of the State Treasury 
three hundred dollars annually as compensation for additional 
services as secretary, and all persons who desire to be examined 
for a State certificate shall file an application with the State Su- 
perintendent of Public Instruction, who shall notify such person 
when and where such examination will be held: Provided, that 
no person shall be permitted to stand such examination without 
first filing with the State Superintendent of Public Instruction a 
statement from the county superintendent of public instruction of 



Section 41G3. " 69 

the county in \vhlch said applicant last taught that said applicant 
holds a first-grade certificate and has taught successfully at least 
one year. Said State certificate shall be valid in any county in 
the State, and no other examination or certificate as a prerequisite 
for teaching a public school shall be required of any person hold- 
ing such State certificate for a period of five j^ears from the date 
of issue of said State certificate, and the minimum salary paid to 
any teacher holding such State certificate shall be thirty-five dol- 
lars per month. Said board of examiners, under the direction of 
the State Superintendent of Public Instruction, shall examine all 
teachers who apply to the State Superintendent for a high-school 
teacher's certificate, and said examination shall be conducted in 
the same manner as the examination for State certificates, as 
herein provided. Said State Board of Examiners shall consist of 
not less than three (3) and not more than five (5) practical school 
teachers, who shall be appointed by the State Board of Education 
upon the recommendation of the State Superintendept of Public 
Instruction, and they shall hold office for a term of four (4) 
years; and the members of said board actually serving shall be 
paid a per diem of four (4) dollars per day during the time that 
they are actually engaged, and in addition shall be repaid all 
money actually expended by them in payment of necessary ex- 
penses while so engaged, to be paid out of the public fund, and 
they shall make out and swear to an itemized statement of such 
expenses: Provided, that the State Superintendent of Public 
Instruction shall not be allowed any per diem for services as 
chairman of said board of examiners. 

1905, c. 533, s. 9 ; 1901, c. 4, s. 37 ; 1007, c. 835 ; 1911, c. 135. 

[No private examination should be (jiven unless the applicant 
was prevented from attending the reynlar examination on accoxmt 
of providential hindrances.^ 

4163. Age, qualifications, certificates, grades and pay of ; 
SCHOOL month defined. No person shall be employed as a teacher 
who does not produce a certificate from the county superintend- 
ent or State Superintendent of Public Instruction, dated within 
the time prescribed by law and continuing to the end of the term. 
No certificate to teach shall be issued to any person under eighteen 
years of age. Teachers of second grade shall receive not more 
than thirty-five dollars per month out of the public fund, and 
teachers of the first grade may receive such compensation as shall 
be agreed upon. Teachers of the third grade shall receive not 



70 Section 4164. 

more than twenty dollars per month, but no third-grade certificate 
shall be renewed and no holder of a third-grade certificate shall 
be employed except as an assistant teacher. No teacher shall re- 
ceive any compensation for a shorter term than one month, unless 
providentially hindered from completing the term. Twenty school 
days of not less than six hours nor more than seven hours each 
day shall be a month. The school term shall be continuous, as 
far as practicable. All laws and clauses of laws granting to or 
conferring upon the graduates or ex-students or students of any 
institution of learning, private or public, within this State or else- 
where, immunity, exemption or freedom from the operation of 
laws of this State requiring persons who desire to teach in free 
public schools of the State to submit to and pass regular examina- 
tions before the county superintendents before being duly qualified 
to serve as such teachers are hereby repealed. The county board 
of education shall fix, within the limits above prescribed, the 
maximum salary to be paid to teachers in each school in the 
county. 

1901, c. 4, ss. 22, 24, 27, 34 ; 1901, c. 3, s. 2 ; 1901, c. 535 ; 1903, 
c. 435, ss. 9, 16 ; 1911, c. 135. 

[Committeemen cannot contract to pay any teacher more than 
the salary fixed for the school hy the county board.] 

4164. Salary, i-iow paid ; closing schools for nonattendance 
OF PUPILS. At the end of every term of a public school the 
teacher or principal of the school shall exhibit to the school com- 
mittee a statement of the number of pupils, male and female, 
the average daily attendance, the length of term and the time 
taught. If the committee is satisfied that the provisions of this 
chapter have been complied with, they shall give an order on the 
treasurer of the county school fund, payable to such teacher, for 
the full amount due for services rendered; but monthly, and, if 
required by the county superintendent, weekly statements and 
reports shall be made by the teacher to the committee and to the 
county superintendent. Orders on the treasurer shall be valid 
when signed by two members of the committee and countersigned 
by the county superintendent. When a monthly or weekly report 
of any school where the district does not contain over one hun- 
dred and fifty children shows an average daily attendance of less 
than one-fifth of the school census, the committee may, with the 
approval of the county superintendent of schools, order the school 
to be closed, and the money due such school shall remain to 



Section 4165. 71 

the credit of that school ; but all funds remaining to the credit 
of such school at the close of the school year, unused because of 
nonattendance, shall be returned to the general fund for reappor- 
tionment, unless such nonattendance shall have been caused by 
providential or other unavoidable causes; and the county board 
of education, upon the recommendation of the county superin- 
tendent, shall have authority to close any school for either race 
in any township before it shall have continued for the average 
length of school term for the township in case the attendance does 
not justify the continuance of the school, and the money remain- 
ing to the credit of such district thus closed for nonattendance 
shall be returned to the general school fund. 

1901, c. 4, ss. 23, 24 ; 1903, c. 435, ss. 8, 9 ; 1905, c. 533, s. 4. 

[Moiifhli/ reports should be required of every teacher, so that 
this section can be intelligently carried out.li 

4165. Keep record; report to county superintendent, also to 
State Superintendent, when. Every teacher or principal of a 
school to which aid shall be given under this chapter shall keep 
such record of the attendance and classification of pupils as shall 
be prescribed by the State Superintendent of Public Instruction or 
the county board of education ; and at the end of each term, and 
when requested at other times, every teacher or principal shall 
report to the county superintendent of schools in such form and 
manner and on such blanks as shall be furnished by the county 
superintendent of schools or the State Superintendent of Public 
Instruction. At the end of every term every principal or teacher 
of a public school shall report to the county superintendent of 
schools the length of term of the school, the race for which it was 
taught, the number, the sex and average daily attendance of the 
pupils, and the number of the district in which the school is 
taught, the number of children on census blank not attending any 
school, number of children under seventeen years of age not at- 
tending any school, stating some causes why they did not attend; 
how many families having children of school age who did not 
send any of their children to school ; how many families did, 
stating what personal effort has beeu made to get the children to 
attend school. The county superintendent shall not approve the 
final voucher for the salary of any principal or teacher until all 
reports have been made according to law and until the register 
has been properly filled out and filed with the county superin- 
tendent of schools. The principal or superintendent of every 



72 Sections 4166-67. 

school or institution of learning supported in whole or in part 
by public funds shall report to the State Superintendent at such 
time and in such form as he may direct, and shall also report to 
the county superintendent of the county in which such school or 
institution of learning is situated. 

1901, c. 4, ss. 64, 66 ; 1903, c. 435, s. 21 ; 1908, c. 533, s. 11. 

[The county superintendent should ahcays require all reports 
to de fully and accurately signed defore he signs the teacher's 
voucher for the last month's salary.] 

4166. To MAINTAIN OEDEE AND ENCOURAGE VIETUE ; TO DISMISS 

IMPEOPEK PUPILS. It shall be the duty of all teachers of free 
public schools to maintain good order and discipline in their 
respective schools ; to encourage morality, industry and neatness 
in all of their pupils, and to teach thoroughly all branches which 
they are required to teach. Pupils who willfully and persistently 
violate the rules of the school and any of immoral life and char- 
acter shall be dismissed by the teacher. 
1901, c. 4, s. 63. 

4167. Teachees' institutes and schools, how conducted ; 
TEACHEES MUST ATTEND. The county board of education of every 
county shall biennially appropriate an amount not less than two 
hundred dollars nor more than two hundred and fifty dollars out 
of the public school funds of the county, the definite amount be- 
tween the minimum and the maximum thus fixed to be determined 
by the State Superintendent of Public Instruction, for the purpose 
of conducting biennially a teachers' institute and school for the 
training of the public-school teachers of the county at some con- 
venient and satisfactory place. The biennial county teachers' 
institute and school provided for in this section shall be con- 
ducted by some practical teacher or teachers appointed by the 
State Superintendent of Public Instruction, at such time and place 
as shall be determined by the State Superintendent of Public 
Instruction, after consultation with the county superintendent of 
schools and the county board of education. All ptiblic-school 
teachers of the State and all high-school and graded-school teach- 
ers are hereby required to attend biennially some county teachers' 
institute or accredited summer school continuously for a term 
of not less than two tceeJcs, unless providentially hindered; and 
failure so to attend such institute or summer school shall be cause 
for debarring any teacher, so failing, from teaching in any of the 
public schools, high schools, or graded schools of the State until 



Section 41GT. 73 

Jiiivh teacher ahull have attended, as required by law, some county 
institute or accredited school as herein provided for. The rules 
and reguliitious governing all teachers' institutes, the course of 
study to be pursued and the proper credits for attendance on the 
same shall be prescribed by the State Superintendent of Public 
Instruction ; and proper and just provision shall be made for the 
training of the teachers of each race in separate institutes and 
schools: Provided, that counties whose total annual public school 
fund is less than eight thousand dollars may arrange with an 
adjoining county for holding a biennial teachers' institute and 
school, as herein provided for, making such biennial appropria- 
tion and arrangement with an adjoining county as shall be equita- 
ble and satisfactory, which appropriation and arrangement and 
the terms of the same shall first be approved by the State Supei'- 
iutendeut of Public Instruction ; and Provided further, that a prop- 
erly signed certificate of continuous attendance at some summer 
schoo/ of good standing for a period of not less than three weeks 
may be accepted by the county superintendent of schools as a 
substitute for attendance on the biennial teachers' institute and 
school herein provided for, under such rules and regulations as 
shall be prescribed by the State Superintendent of Public Instruc- 
tion. 

lOOr., c. ,333. s. 5 ; 1003, c. 435. s. 10 ; 1901, c. 4, s. 20 ; 1911, c. 13.j. 

XIII. RURAL LIBRARIES. 

Summary: In any school distkict, incorporated towns hav- 
ing AS MANY as 1,000 inhabitants EXCEPTED, THERE MAY BE ESTAB- 
LISHED A SCHOOL LIBRARY. ThE PATRONS AND FRIENDS OF THE 

school are required to raise by' private donations as much as 
$10 and tender it to the county' treasurer. thereupon the 
county' board of education shall appropriate $10 out of the 
general school fund of the county, and the county superin- 
tendent shall certify' the same to the state superintendent. 
The State Superintendent is then required to send $10 froji 
THE State appropriation to the treasurer of the county', and 
the $30 tJSED IN the purchase of books selected from a list 

APPROVED BY' THE STATE SUPERINTENDENT. THE COUNTY BOARD IS 
REQUIRED TO FURNISH OUT OF THE GENERAL SCHOOL FUND A NEAT 
BOOKCASE, WITH LOCK AND KEY'. THE LIBRARY' THUS ESTABLISHED 
SHALL BE CONDUCTED UNDER RULES AND REGULATIONS PRESCRIBED BY 

THE State Superintendent. Libraries may' be enlarged by' the 

ADDITION OF $1.3 WORTH OF BOOKS. $0 OF WHICH MUST BE RAISED BY 



74 Sections 4172-75. 

private donations, $5 be appropriated out of the general county 
school fund and $5 be given out of the state appropriation ; 
and the additional books must be selected from a list approved 
BY THE State Superintendent. 

Note. — Sections 4168-4171 relate to ludiaus of Robesou County 
and are printed after rural-library sections. 

4172. How ESTABLISHED ; duties of SCHOOL OFFICIALS ; MANAGER 

APPOINTED. Whenever tbe patrons and friends of any free public 
school in which a library has not already been established by aid 
of the State shall raise by private subscription and tender to the 
treasurer of the county school fund for the establishment of a 
library to be connected with such school the sum of ten dollars, 
the county board of education shall appropriate from the general 
county school fund the sum of ten dollars for this purpose, and 
shall appoint one intelligent person in the school district the man- 
ager of such library. The county board shall also appoint one 
competent person, well versed in books, to select books for such 
libraries as may be established under these provisions from lists 
of books approved by the State Superintendent of Public Instruc- 
tion. 

1901, c. 662, s. 6 ; 1903, c. 226, s. 1 ; 1905, c. 381. 

4173. State Board of Education to contribute. As soon as 
such board shall have made an appropriation for a library in the 
manner prescribed, the county superintendent shall inform the 
secretary of the State Board of Education of the fact, whereupon 
the State board shall remit to the treasurer of the county school 
fund the sum of ten dollars additional for the purchase of books. 

1901, c. 662. s. 7 ; 1S03, c. 226, s. 2 ; 1905, c. 381, s. 2. 

4174. Books and bookcases, how purchased. Within thirty 
days after the payment of the money to the treasurer of the 
county school fund, the person appointed to select the books shall 
submit the list of books to be purchased, and prices of same, to 
such treasurer, who shall order the books at once. The treasurer 
shall receive no compensation except his regular commission. The 
county board shall furnish, at the expense of the general county 
school fund, a neat bookcase, with lock and key, to each library, 
upon application of the county superintendent. 

1801, c. 662, s. S ; 1903, c. 226, s. 3 ; 1905, c. 381, s. 3. 

4175. Rules to be made by State Superintendent. The local 
manager of every library shall carry out such rules and regula- 



Sections 4170-78. 75 

tious for the proper use and preservatiou of the books as may be 
established by the State Superiutendeut of Public Instruction, and 
shall, on or before June thirtieth of each year, make to the State 
Superintendent of I'ublic Instruction such reports as he sluill re- 
quire. 

1!>01, c. 602, s. 0; 1^03, c. 220, s. 4; V.H)'>. c. .".81. s. 4. 

[The State Supcriiilciidciit irill furnish a vopii of IJic rtile.s on 
application.} 

4176. Exchange of libraries. The local manager of two or 
more libraries may, by agreement, exchange libraries; but no ex- 
change shall be made oftener than once in six months, and no part 
of the expense of exchanging libraries shall be paid out of the 
public funds. 

inOl, c. 062, s. 10: 1003. V. 220, s. 5; 1005, c. 381, s. 5. 

4177. Enlargement ok lihrahies, ai'I'roi'hiations kok. When- 
ever the patrons and friends of any free public school in which 
a library has been established under the provisions of this sub- 
chapter shall raise by private subscription and tender to the treas- 
urer of the county scIk.oI fund the sum of five dollars for the en- 
largement of the lil)rary. the county board of education shall ap- 
propriate from the general school fund the sum of five dollars, and 
the State Board of Education shall remit to the treasurer of the 
county school fund the sum of five dollars. The money thus col- 
lected and approjjriated shall be used for the enlargement of libra- 
ries already estal)lished under tlip same rules and restrictions as 
govern the establishment of new libraries. 

1!)03. c. 22(>. s. 0: 1O05, c .381, s. 6. 

4178. Number of libraries limited; cities and towns excluded, 
WHEN. Not more than six new libraries, in addition to those 
already established, shall be established biennially in any county 
under the provisions of the preceding sections, and not more than 
six libraries already established in any county shall be entitled 
biennially to the benefits of section six of this act : Provided, that 
after November thirtieth, one thousand nine hundred and six, and 
after November thirtieth of every second year thereafter, if any of 
the aforesaid biennial appropriation for the years ending on such 
date shall still be in the hands of the State Treasurer, any free 
public school which shall fulfill the conditions set forth in the pre- 
ceding sections shall be entitletl to receive the benefits of this act, 
regardless of the number of libraries .-ilrcady established in the 



76 Sections 4179-68. 

county in which said school is located, vmtil the aforesaid balance 
of each biennial appropriation available for the purpose is ex- 
hausted. No school district in any incorporated town with a popu- 
lation exceeding one thousand persons shall receive any moneys 
under the provisions of this act. 

1901, c. 662, s. 12 ; 1903, c. 226, s. S ; 1905, c. 381, ss. 8, 9. 

[After the Mennial period has passed, the libraries not taken 
during that period -may he taken hy any county desiring them.] 

4179. Additional appeopeiation of State funds. The sum of 
seven thousand five hundred dollars of the appropriation for the 
public schools of the State is hereby biennially appropriated and 
set apart to be expended by the State Board of Education under 
the provisions of this subchapter : Provided, that of each biennial 
appropriation a sum not exceeding five thousand dollars may be 
expended by the State Board of Education in the establishment 
of new libraries, and a sum not exceeding two thousand five hun- 
dred dollars may be expended by the State Board of Education 
in the enlargement of libraries according to the provisions of sec- 
tion four thousand one hundred and seventy-seven of this sub- 
chapter : Provided further, that any balance of the biennial ap- 
propriation of two thousand five hundred dollars for the enlarge- 
ment of libraries remaining in the hands of the State Treasurer 
at the end of each biennial period shall be used for the establish- 
ment of new libraries in accordance with the provisions of section 
four thousand one hundred and seventy-two of the Eevisal of one 
thousand nine hundred and five of North Carolina. 

1901, c, 662, s. 11 ;.1903, c. 226, s. 7 ; 1905, c. 881, s. 7 ; 1909, c. 525. 

XIV. SEPARATE SCHOOLS FOR INDIANS OF 
ROBESON COUNTY. 

The provisions of the school law relating to the Croatan Indians 
of Richmond, Sampson, and Robeson counties are as follows : 

416S. Sepaeate schools foe. The persons residing in Robeson, 
Sampson, and Richmond counties, supposed to be descendants of a 
friendly tribe once residing in the eastern portion of the State, 
known as Croatan Indians, and their descendants, shall be known 
and designated as the Indians of Robeson County, and they and 
their descendants shall have separate schools for their children, 
school committees of their own race and color, and shall be allowed 
to select teachers of their own choice, subject to the same rules 



Sections -il 69-71. 77 

and regulations as are applicable to all teachers in the general 
school law, and there shall be excluded from such separate schools 
for the Indians of Robeson County all children of the negro race 
to the fourth generation. 

1SS5, c. .51, s. 2; ISSO, c. GO, s. 1 ; mil, c. 215. 

41G!). County board to carry provisions into effect. It shall 
be the duty of the county board of education to see that the next 
preceding section is carried into effect, and shall for that purpose 
have the census taken of all the children of such Indians and their 
descendants between the ages of six and twenty-one, and proceed 
to establish such suitable school districts as shall be necessary for 
their convenience, and take all such other and further steps as 
may be necessary for the purpose of carrying such section into 
effect; and where any children, descendants of such Indians, shall 
reside in any district in such counties of Robeson and Richmond 
in which there are no separate schools provided for their race they 
shall have the right to attend any of the public schools in the 
county provided for their race, and their share of the public-school 
fund shall be appropriated to their education upon the certificate 
of the school committee in the district in which they reside stating 
that they are entitled to attend such public schools. 

1885, c. 51, ss. 3, 4. ' 

4170. Pro rata share of school funds kept separate. The 
treasurer of the county school fund and other proper authorities 
whose duties are to collect, keep and apportion the school fund 
shall procure from the county board of education the number of 
children in the county between the ages of six and twenty-one, 
belonging to such Indian race, and shall set apart and keep sepa- 
rate their pro rata share of the school funds, which shall be paid 
out under the same rules in every respect as are provided in the 
general school law and in the next preceding section. 

1885, c. 51, s. 4. 

4171. General school law applicable to. The general i)ublic 
school law shall be applicable in all respects to such separate 
schools for the Indians of Robeson County, except where such gen- 
eral law is repugnant to these special provisions relating to such 
schools, and these special provisions for separate schools for Croa- 
tan Indians shall apply only to the counties of Robeson, Sampson. 
and Richmond. 

1885, c. .51, s. 5; 1011. c 21.5. 



LAWS RELATING TO THE ADOPTION OF 
TEXT-BOOKS. 



4057. Created. Tlie State Board of Education is hereby consti- 
tuted a State Text-book Commission, wliose duty it is, acting con- 
jointVy icith the subcommission, to select and adopt a uniform 
series or system of text-books for use in tbie public schools in the 
State of North Carolina, and who shall serve without compensa- 
tion. The Governor shall be ex officio president of such commis- 
sion and the Superintendent of Public Instruction its secretary. 

1901, c. 1, ss. 1, 2, 7, 20 ; 1911, c. 118. 

4058. Powers ; term of contracts made by. The commission 
may from time to time make any necessary regulations, not con- 
trary to the provisions of this chapter, to secure the prompt dis- 
tribution of the books herein provided for, and the prompt and 
faithful performance of all contracts. At any time icitJiin six 
months before the expiration of the contracts now in force for 
furnishing books to the public schools, the commission may adver- 
tise for new bids, or proposals, as required by this chapter, and 
enter into such other contracts as they may deem best for the 
interest of the patrons of the public schools of the State. Any 
contract entered into or renewed shall be for the term of five 
years. 

4059. Term of office and powers. The commission shall main- 
tain its organization during the five years of the continuance of 
the contract now in force, and at any time within six months he- 
fore the expiration of the same shall advertise for new bids, or 
proposals, as required by this chapter in the first instance, and 
enter into such other contracts as it may deem best for the interest 
of the patrons of the public schools of the State ; and the commis- 
sion may from time to time make any necessary regulations not 
contrary to the provisions of this chapter to secure the prompt 
distribution of books herein provided for. and the prompt and 
faithful performance of all contracts. 

1901. c. 1, s. 14 -, 1911, c. 118. 

4060. Character and requisites of books to be adopted. The 
uniform series of text-books to be selected by the commission and 



Sections 4060-62. 79 

ilic !<uhcomini!islou shall include the following branches, to wit: 
Orthography, defining, reading, writing, drawing, arithmetic, ge- 
ography, grammar, language lessons, history of North Carolina con- 
tauiing the Constitution of the State, history of the United States 
containing the Constitution of the United States, physiology, hy- 
giene, nature and effect of alcoholic drinks and narcotics, elements 
of civil government, elements of agriculture. None of such text- 
hooks shall contain anything of a partisan or sectarian character, 
and all shall be written or printed in English. 
inOl. c. 1, ss. 2, S; 1911, c. US. 

4061. ExcLrsiVE use of books adopted by. The books adopted 
by the commission and suhcommission as a uniform system of text- 
books shall be introduced and used as text-books, to the exclusion 
of all others, in all the public free schools in the State for a period 
of five years from the date of adoption ; and it shall not be lawful 
for any school officer, director or teacher to use any books upon 
the same branches other than those adopted by the commission. 
Nothing herein shall prevent the use of supplementary hooks, but 
such supplementary books shall not be used to the exclusion of the 
books prescribed or adopted under the provisions of this chapter ; 
nor shall anything herein prevent the teaching in any school any 
branch higher or one more advanced than is embraced in the next 
preceding section, nor the use of any book upon such higher branch 
of study, but such higher branch shall not be taught to the exclu- 
sion of the branches mentioned and set out in the next preceding 
section. 

4062. Can pukciiase elsewhere when contractor fails to sup- 
ply ; TEACHER allowing OTHER BOOKS DISMISSED. Nothlug herein 
shall prevent or prohibit the patrons of the public schools through- 
out the State from procuring books in the usual way, in case no 
contract shall be made or the contractor fails or refuses to furnish 
the books provided for in this chapter at the time required for 
their use in the respective schools. If any teacher shall willfully 
use or per-mit to be used in his school any text-book upon the 
branches embraced in this chapter, where the commission has 
adopted a book upon that branch, other than the one so adopted, 
the county board of education shall dischai'ge and cancel the cer- 
tificate of such teacher or school superintendent ; but they may use 
or permit to be used such book or books as may be owned by the 



80 Sections 4063-65. 

pupils of the school at the time of the adoption until such books 
are worn out, not exceeding one year from the date of adoption. 
1901, c. 1, ss. 2, 16, 17. 18 ; 1911, c. 118. 

4063. SuBCOMMissiON TO BE APPOINTED. It Shall 6e the duty of 
the Governor and the State Superintendent of PuNie Instruction to 
appoint a suicommission of six memhers, to be selected from 
among the teachers or county superintendents actually engaged in 
school work in this State; and members of the suicommission 
actually serving shall be paid a per diem of four dollars per day 
during the time that they are actually engaged in such service, and 
in addition shall be repaid all money actually expended by them 
in payment of necessary expenses, to be paid out of the public 
funds of the State Treasury, and they shall make out and swear 
to an itemised statement of siwh expenses. 

1907, c. 835, s. 1, par. (b) ; 1911,-c. 118, s. 1, par. (f). 

4064. Oath of subcommissioneks. Each member of the subcom- 
mission, before entering upon the discharge of his duties, shall 
take and subscribe an oath to act honestly, conscientiously, and 
faithfully, and that he is not now, has not within two years prior 
to his appointment been agent or attorney for or in the employ- 
ment of or interested in any book or publishing house, concern or 
corporation making or proposing to make bids for the sale of 
books, pursuant to the provisions of this chapter, and that he will 
carefully and faithfully examine all books submitted, and make 
true report thereon, as herein directed and prescribed. Such oath 
shall be filed in the office of the Secretary of State. 

1901, c. 1, s. 5. 

4065. Examination of books by sxjbcommission, and repoet 
THEREON. To the subcouimission shall be referred all books sent 
to the State Text-book Commission as specimen copies or samples 
upon which bids are to be based; and it shall be the duty of the 
subcommission, in executive session, to examine and report upon 
the merits of the books, irrespective of the price, taking into con- 
sideration the subject-matter of the books, their printing, their 
material and their mechanical qualities and their general suita- 
bility and desirability for the purposes for which they are desired 
and intended. The subcommission shall report to the commission 
at such time as the commission shall direct, arranging each book 
in its class or division and reporting books in the order of their 
merit, pointing out the merits and demerits of each, and indicating 



Sections 4066-67. 81 

what book it recommeuds for adoption first, wliat book is its sec- 
ond choice, and its third choice, and so on, pursuing this plan with 
the books submitted upon each braucli of study ; and if the sub- 
commission shall consider different books upon the same subject 
or of the same class or division of approximately even merit, all 
things being considered, it shall so report, and, if it considers that 
any book offered is of such a class as to make it inferior and not 
worthy of adoption, shall in its report so designate such book. In 
its report it shall make such recommendations and suggestions to 
the commission as it shall deem advisable and proper to make. 
1901, c. 1, ss. 3, 4. 

4066. Report, when opened and wheee filed. The report of the 
subcommissiou shall be kept secret and sealed up and delivered 
to the secretary of the commission, and shall not be opened by any 
member of the commission until the commission and the suhcom- 
mission shall meet in joint executive session to open and consider 
the bids or proposals of publishers or others desiring to have 
books adopted by the commission ; and when such commission shall 
have finished with such report it shall be filed and preserved in the 
office of the Superintendent of Public Instruction and shall be open 
at all times for public inspection. 

1001, c. 1, ss. 4, 6; 1911, c. 118. 

4067. Selection and adoption of books by the commission and 
the subcommission. The commission and subconiniission in their 
selection and adoption of a uniform series of text-hooks shall con- 
sider the merits of the hooks, taking into consideration their sub- 
ject-matter, the printing, binding, material, and mechanical quality, 
their general suitability and desirability for the purposes intended, 
and the price. The Text-book Commission and the subcommission 
in joint session shall select and adopt such books as will, in their 
judgment, best accomplish the ends desired; and in case any books 
are deemed &;/ tJiem suitable for adoption and more desirable than 
other books of the same class or division submitted, and in case 
they consider the price at ichich such books are offered to be 
unreasonably high, and that the same should be offered at a 
smaller price, they are hereby authorized and directed to notify 
immediately the publishers of such books of their decision, and 
request such reduction in price as they deem reasonable or just; 
and if they shall agree on a price tcith such publishers they may 
adopt such books; but upon failure to agree upon price, they shall 



82 Sections 4068-69. 

use their sound judgment and discretion as to the adoption of 
those or of other books deemed Ijy them to 6e the next 'best in 
the list submitted. 

1911, c. 118, s. 1, par. (h). 

4068. Advektisement for bids. At any time within six months 
before the expiration of the now existing contracts, the commission 
shall advertise, in such manner and for such a length of time and 
at such places as may be deemed advisable, that at a time and 
place fixed definitely in the advertisement sealed bids or proposals 
will be received from the publishers of school text-books for fur- 
nishing books to the public schools in the State of North Carolina, 
through agencies established by the publishers in the several coun- 
ties, and in the several places in the counties of the State as may 
be provided for in such regulations as the commission may 
adopt and prescribe. The advertisement shall also state in sub- 
stance the requirements of the next succeeding section and shall 
reserve the right to the commission to reject all bids. 

1901, c. 1, ss. 1, 7, 11, 14 ; 1911, c. 118. 

4069. Bids, how made; contents of. The bids or proposals 
shall be for furnishing books for a period of five years, and no 
longer, and no bid for a longer period shall be considered. The 
bids shall state specifically and definitely the price at which books 
are to be furnished, and shall be accompanied by ten or more 
specimen copies of each and every book proposed to be furnished ; 
and it shall be required of each bidder to deposit with the Treas- 
urer of the State a sum of money, such as the commission may 
require, not less than five hundred nor more than twenty-five hun- 
dred dollars, according to the number of books each bidder may 
propose to supply, and such deposits shall be forfeited absolutely 
to the State if the bidder making the deposit of any sum shall fail 
or refuse to make and execute such contract and bond, as is here- 
inafter required, within such time as the commission shall require. 
All bids shall be sealed and deposited with the Secretary of State, 
to be by him delivered to the commission when in executive ses- 
sion, for the purpose of considering the same, when they shall be 
opened in the presence of the commission ; and each person or 
publisher making a bid for the supplying of any books shall state 
in such bid or proposal the exchange price at which such books 
shall be furnished. It shall be the duty of the Secretary of State 
to carefully preserve in his office, as the standard of quality and 
excellence to be maintained in such book during the continuance 



Sections 4070-71. 83 

of the coutracts for furnishing the same, the specimen or sample 
copies of all books which have been the basis of any contract, 
together with the original bid or proposal. 
1901, c. 1, ss. 7, 9, 10. 

4070. Bids and proposals may be rejected. The commission 
shall have and reserve the right to reject any and all bids or 
proposals if of the opinion that any or all should for any reason 
be rejected; and, in case it fail from among the bids or proposals 
submitted to select or adopt any books upon any of the branches 
prescribed by this chapter, may readvertise for sealed bids or 
proposals, under the same terms and conditions as before, and pro- 
ceed with its investigations in all respects as in the first instance 
and as required by the terms and provisions of this chapter ; and 
the commission shall have and reserve the same rights in cases 
of advertisement for and presentation of bids and proposals for 
manuscripts and unpublished books hereinafter provided for in 
this chapter. 

1901, c. 1, s. 11. 

4071. Manuscripts and unprinted books may be adopted. In 
the event that the commission rejects the bid for furnishing any 
book, or in case it fail to adopt any book of the classes required, 
it may advertise for sealed bids or proposals from authors or 
publishers of text-books who have manuscripts or books not yet 
published, for prices at which they will publish and furnish in 
book form such manuscripts for use in the public schools of North 
Carolina, proceeding in like manner as in bids for furnishing 
books ; but the State itself shall not under any circumstances 
enter into any contract binding it to pay for the publication of any 
book, but in the contract with the owner of the manuscript it shall 
be provided that he shall pay the compensation to the publisher 
for the publication and putting in book form the manuscript, to- 
gether with the cost and expense of copyrighting the same. All 
such bids or proposals shall be accompanied with a cash deposit 
of from five hundred to twenty-five hundred dollars, as the com- 
mission, may direct and as heretofore provided in this chapter; and 
it is expressly provided that any person now doing business or 
proposing to do business in this State shall have the right to bid 
for the contract to be awarded hereunder in manner as follows : 
In response to the advertisement such person may submit his 
written bid to edit or have edited, published and supplied for 
use in the public schools in this State any book provided for 



84 Sections 4072-73. 

hereunder. Instead of flliug with the bid or proposal a sample 
or specimen or copy of each book proposed to be furnished, he 
may exhibit to the commission, in manuscript or printed form, 
the matter proposed to be incorporated in any booli, together 
with such a description and illustration of the form and style 
thereof as will be fully intelligible and satisfactory to the com- 
mission, or he may submit a book the equal of which in every 
way he proposes to furnish, and he shall accompany his bid or 
proposal with the cash deposit hereinbefore required. All such 
books and manuscripts shall be examined and reported upon by the 
subcommission before being adopted. 
1901, c. 1, s. 11. 

4072. Commission to delivee sample books to subcommission. 
It shall be the duty of the commission to -meet at the time and 
place designated in the advertisement and take out the sample 
or specimen copies submitted, upon which the bids are based, and 
refer and submit them to the subcommission, as provided for and 
directed in this chapter, with instructions to the subcommission 
to report at a time specified, with the classification and recom- 
mendation, as provided in this chapter. 

1901, c. 1, s. 8. 

4073. Adoption of books. When the report of the subcommis- 
sion is submitted it shall be the duty of the commission and the 
subcommission to meet in joint executive session to open and ex- 
amine all sealed proposals submitted and received in pursuance of 
the notice or advertisement provided for in this chapter. It shall be 
the duty of the commission and the snl)commiss%on to examine and 
consider all such bids or proposals, together with the report and 
recommendation of the subcommission, and determine, in the man- 
ner provided in this chapter, what books, upon the branches here- 
inabove mentioned, shall be selected for adoption, taking into con- 
sideration the size, quality as to the subject-matter, material, 
printing, binding and the mechanical execution, and price, and the 
general suitability for the purpose desired and intended. After the 
selection or adoption shall have been made, the commission shall 
award the contracts, and shall by registered letter notify the pub- 
lishers or proposers to whom the contracts have been awarded. 
But the commission shall not in any case contract with any person 
for the use of any book which shall be sold to patrons for use in 
any public school in the State in excess of the price at which such 
book is to be furnished by such person, under contract, to any 



Sections 4074-76. 85 

State, county or school district in the United States, under like 
conditions as those prevailing in this State and under this chapter. 
1901, c. 1, ss. 8, 9 ; 1911, c. 118. 

4074. Contract, how executed. Upon the awarding of the con- 
tracts it shall be the duty of the Attorney-General to prepare 
the same in accordance with the terms and provisions of this 
chapter. On behalf of the State the contracts shall be executed 
by the Governor and Secretary of State, and the seal of the State 
shall be set thereto. All such contracts shall be executed in tripli- 
cate, of which one shall be kept by the secretary of the commission, 
one shall be filed in the office of the Secretary of State and one 
shall be retained by the contracting party. All contracts entered 
into or renewed under the provisions of this chapter shall be for 
the term of fiA^e years. 

1901, c. 1, ss. 8, 14. 

4075. Contract; stipuiations as to prices and exchange of 
BOOKS. It shall be stipulated in each contract that the contractor 
has never furnished and is not now furnishing under contract 
any State, county or school district in the United States, where 
like conditions prevail as are then prevailing in this State and 
under this chapter, the same books as *'e embraced in the con- 
tract at a price below that stipulated in the contract; and the 
commission is hereby authorized and directed, at any time that 
it may find that any books have been sold at a lower price under 
contract to any State, county or school district, to sue upon the 
bond of the contractor and recover the difference between the 
contract and the lower price for which books have been sold ; and 
it shall also be stipulated in the contract that the contractor shall 
take up school books in use in this State at the date of such con- 
tract, and receive the same in exchange for new books, allowing a 
price for such old books not less than fifty per cent of the contract 
price of the new books. 

1901, c. 1, ss. 9, 10. 

4076. Contract, as to liability of State. It shall always be a 
part of the terms and conditions of every contract made in pur- 
suance of this chapter that the State of North Carolina shall not 
be liable to any contractor in any manner for any sum whatever, 
but all such contractors shall receive their pay and compensation 
solely and exclusively from the proceeds of the sale of books, as 
provided for in this chapter. 

1901, c. 1, s. 10. 



86 Sections 4077-80. 

4077. Contracts may be changed ok altered. Nothing in this 
chapter shall prevent the commission and any contractor agree- 
ing thereto from in any manner changing or altering any con- 
tract, if four members of the commission shall agree to the change 
and think it advisable and for the best interest of the public 
schools of the State. 

1901, c. 1, s. 9. 

4078. Books must come up to sample. The books furnished 
under any contract shall at all times during the existence of the 
contract in all respects be equal to the specimen or sample copies 
furnished with the bid. 

1901, c. 1, s. 9. 

4079. Bond of contractor. At the time of the execution of the 
contract the contractor shall enter into a bond in the sum of not 
less than ten thousand dollars, payable to the State of North 
Carolina, the amount of the bond within such limits to be fixed 
by the commission, conditioned for the faithful, honest and exact 
performance of his contract, and shall further provide for the 
payment of reasonable attorneys' fees in case of recovery in any 
suit upon the same, with three or more good and solvent sureties, 
actual citizens and residents of this State, or any guaranty com- 
pany authorized to do business in this State may become the surety 
on such bond ; and it shall be the duty of the Attorney-General to 
prepare and approve such bonds. The commission may at any 
time, by giving thirty days' notice, require additional security or 
additional bond. 

1901, c. 1, ss. 8, 9. 

4080. Actions on the bond. In case any contractor shall fail 
to execute specifically the terms and provisions of his contract, 
the commission is hereby empowered and directed to bring an 
action upon the bond of such contractor for the recovery of any 
and all damages. Such action shall be in the name of the State 
of North Carolina, and the recovery shall be for the benefit of the 
public-school fund of the State and counties, and when collected 
shall be placed in the treasury of the school fund. The bond 
shall not be exhausted by a single recovery, but may be sued on 
from time to time until the full amount thereof shall be recovered. 
And it is expressly provided that should any party contracting to 
furnish books, as provided for in this chapter, fail to furnish them 
or otherwise break his contract, in addition to the right of the 
State to sue on the bond hereinabove required, the chairman of the 



Sections 4081-82. 87 

county board of education or any member thereof may sue in the 
name of the State in the courts of the State having jurisdiction, 
and recover on such bond the full value of the books so failed to 
be furnished, for the use and benefit of the school fund of the 
county. In all such cases service of process may be made on any 
agent of the contractor in the county, or if no agent is in the 
county, then service may be made on any agent in charge of any 
depository, and such service shall be and stand in the place of serv- 
ice on the defendant contractor. 
1901, c. 1, ss. 8, 9, 13. 

40S1. Deposits by bidders, when returned and when forfeited. 
When any person shall have been awarded a contract and shall 
have given the bond required, the commission, through its secre- 
tary, shall so inform the Treasurer of the State, and it shall then 
be the duty of the Treasurer to return to such contractor the cash 
deposit made by him ; and the commission, through its secretary, 
shall inform the Treasurer of the names of the unsuccessful bidders 
or proposers, and the Treasurer shall, upon the receipt of this 
notice, return to them the amounts deposited by them in cash 
at the time of the submission of their bids. But should any 
person fail or refuse to execute a contract and give the bond, as 
required by this chapter, within thirty days after the awarding of 
the contract to him and the mailing of the registered letter con- 
taining notice thereof, which shall be sufficient evidence that the 
notice was given and received, the cash deposit shall be deemed 
and is hereby declared forfeited to the State of North Carolina, 
and it shall be the duty of the Treasurer to place such cash deposit 
in the treasury of the State, to the credit of the school fund. 

1901, c. 1, s. 8. 

4082. Prices to be printed on books. It shall be the duty of all 
contractors to print plainly on the back of each book the contract 
price, as well as the exchange price at which it is agreed to be 
furnished, but the books submitted as sample or specimen copies 
with the original bid shall not have the price printed on them 
before they are submitted to the subcommission ; and all books 
shall be sold to the consumer at the retail contract price, and on 
each book shall be printed the following : "The price fixed hereon 
is fixed by State contract, and any deviation therefrom should 
be reported to your county superintendent of public instruction 
or to the State Superintendent at Raleigh." 

1901, c. 1, ss. 9, 13, 19. 



88 Section 4083. 

4083. Agencies for the distsibution of books to patrons of 
PUBLIC schools ; penalty. There shall be maintained in each 
county in the State not less than one and as many more agencies 
as the commission, upon recommendation of the county board of 
education, shall order, to be located at such points as the county 
board may recommend, for the distribution of books to the patrons, 
or the contractor shall be permitted to make arrangements with 
merchants or others for the handling and distribution of the books ; 
and parties living in the county where no agency has been estab- 
lished or no arrangement made for distribution may order the 
same from one of the contractors, and it shall be the duty of 
the contractor or contractors to deliver any book so ordered to 
the person ordering, to his post-office address, freight, express, 
postage or other charges prepaid, at the retail contract price, 
if the price of the books so ordered shall be paid in advance. 
The contractors shall maintain one or more joint State depositories 
at some convenient distridiiting point or points in the State, at 
which shall Tie kept at all times an ample supply of all adopted 
Ijoolis for the convenient and expeditious supply of dooks to the 
local depositories in the various counties of the' State. Whenever 
demanded and certified l>y the county superintendent of puMic in- 
struction of any county to l)e necessary, to secure and keep on hand 
an ample supply of hooks at any local depository, the contractors 
shall furnish hooks to such local depository upon consignment. 
And every contractor shall be required to keep on hand at all 
times at every established agency in every county an ample sup- 
ply of books to meet all demands of patrons and purchasers, and 
upon failure to do so, or upon failure to establish agencies when 
ordered to do so by the commission, as directed herein, the con- 
tractor shall be liable to a penalty of five hundred dollars for 
each and every failure to comply with the provisions of this 
section, to be sued for by the Attorney-General in the name of 
the State in the Superior Court of the county of Wake, for the 
benefit of the school fund of the county injured by such failure; 
and if any contractor against whom judgment shall be obtained 
for such penalty shall fail to pay the same within thirty days 
after the docketing thereof, he shall forfeit his contract, and the 
commission shall so declare, and shall thereupon proceed to make 
a new contract for books with some other contractor. The county 
superintendent shall notify the contractors annually of the date 
of opening the public schools, at least thirty days before they 
open. 

1901, c. 1, s. 13; 1903, c. 691, ss. 1, 2; 1911, c. 118, s. 1. par. (1). 



Section 4084. 89 

4084. Contract peoclaimed by Governor ; notices issued by 
State Superintendent. As soon as the commission shall have 
entered into a contract for the furnishing or supplying of books 
for use in public schools it shall be the duty of the Governor to 
issue his proclamation announcing such fact to the people of the 
State; and as soon thereafter as practicable the State Superintend- 
ent shall issue a circular letter to each county superintendent in 
the State and to such others as he may desire, which letter shall 
contain the list of books adopted, the prices, location of agencies 
and method of distribution, and such other information as he may 
deem necessary. 

1901, c. 1, ss. 12, 15. 



PUBLIC HIGH-SCHOOL LAW. 



AN ACT TO STIMULATE HIGH-SCHOOL INSTRUCTION IN 
THE PUBLIC SCHOOLS OF THE STATE, AND TEACHER 
TRAINING. 

The General Assembly of North Carolina do enact: 

HIGH SCHOOLS MAY BE MAINTAINED NOT LESS THAN FIVE 
MONTHS ANNUALLY. 

Section 1. With the consent of the State Board of Education, 
the county board of education in any county may in its discretion 
establish and maintain, for a term of not less than five school 
months in each school year, one or more public high schools for 
the county, at such place or places as shall be most convenient for 
the pupils entitled to attend and most conducive to the purposes 
of said school or schools. 

HIGH-SCHOOL COMMITTEE TO CONSIST OF THREE PERSONS. 

Sec 2. For each public high school established under this act a 
committee of three persons shall be appointed by the county board 
of education, vs^ho shall be known as the School Committee of 

Public High School of 

County. The powers, duties and qualifications of said committee- 
men shall be similar to those of other public-school committeemen. 
They shall be appointed as follows : one for a term of two years, 
one for a term of four years, and one for a term of six years ; and 
at the expiration of the term of any committeeman his successor 
shall be appointed for a term of six years : Provided, that in case 
of death or resignation of any committeeman his successor shall 
be appointed for the unexpired term only. Within two weeks after 
appointment the committee shall meet and elect a chairman and 
a secretary and enter upon the performance of their duties. 

RULES, REGULATIONS, AND COURSE OF STUDY. 

Sec 3. All public high schools established and maintained under 
the provisions of this act shall be operated by the county board 
of education, under such general rules and regulations as may be 



Public High Schools. 91 

prescribed by tbe State Board of Education. The courses of study 
for such high schools and the requirements for admission to them 
shall be prescribed by the State Superintendent of Public Instruc- 
tion. 

INSPECTION, CERTIFICATES, AND MINIMUM SALARY OF TEACHERS. 

Sec 4. It shall be the duty of the county board of education 
to locate all high schools established under this act, to furnish 
the State Superintendent of Public Instruction with such infor- 
mation relative to said schools as he may require, and to make 
such local rules and regulations for the conduct of said schools 
as may be necessary : Provided, that before any State funds shall 
be appropriated for the support of any public high school the 
State Superintendent of Public Instruction shall cause the same 
to be inspected by some competent person to see that suitable 
arrangements have been made for giving high-school instruction 
and to enable said school to conform to all the requirements of 
this act and to the rules and regulations of the State Board of 
Education : Provided further, that no one shall teach in any public 
high school that receives State funds under this act who does 
not hold a high-school teacher's certificate from the State Super- 
intendent of Public Instruction, who shall have power to pre- 
scribe a standard of scholarship and examination for same; and 
Provided further, that no one shall be employed as teacher in 
such high school without the approval and recommendation of 
the county superintendent. The minimum salary of any public 
high-school teacher holding such certificate and employed as high- 
school teacher in such high school shall be forty dollars per 
school month. 

HIGH SCHOOLS AIDED MUST HAVE THREE TEACHERS. 

Sec. 5. Before any high school shall be established under the 
provisions of this act, the committee or committees establishing 
such school shall first provide for thorough instruction for at 
least five months in each school year in all branches of study 
required to be taught in the public schools of the State ; and no 
school shall be entitled to the benefit of this act in which less 
than three teachers are employed. 

[Each school must have at least two teachers in addition to the 
high-school teacher.] 



92 Public High Schools. 

arrangement for free tuition in high schools already 
established. 

Sec. 6. The county board of education of any county may 
enter into an agreement with the board of trustees or the com- 
mittee of one public high school of the county to permit all chil- 
dren of said county of school age who are prepared to enter such 
high school and all public-school teachers of said county desiring 
high-school instruction to attend such school free, the rate of 
tuition for each pupil in each high-school grade to be fixed by 
agreement with said county board of education, and paid as fol- 
lows : one-half out of a fund set aside by the county board of 
education from the county school fund for that purpose, and one- 
half out of the special State appropriation hereinafter provided, 
under such rules as the State Board of Education may prescribe : 
Provided, that the sum apportioned by the county board of edu- 
cation for this purpose shall not exceed five hundred dollars, and 
the sum apportioned by the State Board of Education for the 
same purpose shall not exceed that apportioned by the county 
board of education: Provided further, that the course of study 
in such high school shall be approved by the State Superintendent 
of Public Instruction. 

CONDITIONS OF STATE AID. 

Sec 7. The county superintendent of schools in any county in 
which said public high school or high schools shall be established 
shall give due notice of the same to the State Board of Educa- 
tion before any State funds shall be appropriated for the support 
of said school or schools ; and when the county treasurer of any 
county shall certify to the State Superintendent of Public Instruc- 
tion that as much as two hundred and fifty dollars has been placed 
to the credit of any public high school established and inspected 
as provided for in this act, thereupon a State warrant shall be 
issued upon requisition of the State Superintendent of Public 
Instruction for two hundred and fifty dollars and sent to the 
treasurer of the county in which such high school is located, to 
be placed to the credit of said high school and paid out exclusively 
for the support of said high school on the wari*ant of the high- 
school committee, approved by the county superintendent of 
schools. The treasurer of each county in which such public high 
school or schools shall be established shall keep a separate ac- 
count of the public high-school fund, and at the end of each 



Public High Schools. 93 

scbool year be shall make to the State Superintendent of Public 
Instruction and to the county board of education a rej^rt of all 
receipts and disbursements of said fund. 

MAXiaiUM STATE AID FIVE HUNDRED DOLLARS AND NUMBER OF SCHOOLS 
AIDED IN ONE COUNTY LIMITED TO FOUR. 

Sec 8. If a larger amount than two hundred and fifty dollars 
be provided by taxation or by private donation or by local appro- 
priation, or otherwise, for the support of any public high school 
established and maintained under the provisions of this act, then 
the State shall contribute a like amount: Provided, that the 
State shall not contribute more than five hundred dollars in any 
one school year for the support of any one high school : Provided 
further, that not more than four public high schools in any one 
county strall be entitled under the provisions of this act to receive 
State funds. 

NO SCHOOLS AIDED IN TOWNS OF MORE THAN ONE THOUSAND 
TWO HUNDRED. 

Sec. 9. High schools may not be established under this act in 
towns of more than twelve hundred inhabitants. Contracts, how- 
ever, may be made between the county board of education and 
the committee or trustees of any public or graded school wherein 
high-school branches are taught. Such contract shall provide for 
the admission to such school of students in high-school grades and 
of public-school teachers of any township, townships, or of the 
county, and for the payment of tuition by the county board of 
education for teachers and children so attending from outside the 
limits of said school district, and the tuition in no case to exceed 
two dollars per month. Upon the making and approval of such 
contract and the deposit with the county treasurer of an amount 
sufficient to pay one-half of amount estimated to be necessary 
for such purpose, either by direct appropriation by the county 
board of education from a fund set aside for that purpose or by 
private donation, then upon proper certification of such facts a 
State warrant shall be issued for equal amount, payable to county 
treasurer upon request of the State Superintendent of Public 
Instruction : Provided, that no aid may be given by the State 
in cases where, under the contract, less than one hundred dollars 
is needed to pay the tuition, and that the State may not in any 
case be called on for more than five hundred dollars: Provided 



94 Child Labor. 

furtJier, that the course of study of such school shall be sub- 
mitted to the State Superintendent of Public Instruction and 
approved by him. 

SUM OF SEVENTY-FIVE THOUSAND DOLLARS ANNUALLY APPROPRIATED. 

Sec. 10. The sum of seventy-five thousand dollars, or so much 
thereof as may be necessary, is hereby annually appropriated for 
the purposes of high-school instruction and teacher training pro- 
vided for in this act. The State Board of Education shall have 
the power to fix such rules and regulations, in accordance with 
the provisions of this act, as may be necessary for the proper 
distribution of this fund. 

[Sections 11 to 18, inclusive, relate only to the East Carolina 
Teachers' Training School.] 

Sec. 19. That this act shall be in force from and after its ratifi- 
cation. 

In the General Assembly read three times, and ratified this the 
Sth day of March, A. D. 1907. 

1907, c. 820 ; 1909, c. 525 ; 1911, c. 135. 



THE CHILD-LABOR LAW. 



The General Assembly of North Carolina do enact: 

CONDITIONS FOR EMPLOYMENT OF CHILDREN. 

Section 1. That no child under twelve years of age shall be 
employed or worked in any factory or manufacturing establish- 
ment within this State: Provided, that after one thousand nine 
hundred and seven no child between the ages of twelve and thir- 
teen years of age shall be employed or work in a factory, except 
in apprenticeship capacity, and then only after having attended 
school four months in the preceding twelve months. 

SIXTY HOURS A WEEK. 

Sec. 2. That not exceeding sixty hours shall constitute a week's 
work in all factories and manufacturing establishments in this 
State. No person under eighteen years of age shall be required 
to work in such factories or establishments a longer period than 



Child Labor. 95 

sia-ty hours in one week : Provided, that this section shall not 
apply to engineers, firemen, machinists, superintendents, over- 
seers, section and yai-d hands, office men, watchmen or repairers 
of breakdowns. 

PENALTY FOR FALSE STATEMENTS AND VIOLATION. 

Sec. 3. All parents or persons standing in the rehitiou of parent, 
upon hiring their children to any factory or manufacturing 
establishment, shall furnish such establishment a written state- 
ment of the age of such child or children so hired, and certificate 
as to school attendance; and any parent or person standing in 
relation of parent to such child or children who shall in such 
written statement misstate the age of such child or children 
being so employed, or their school attendance, shall be guilty of a 
misdemeanor, and upon conviction shall be punished in the dis- 
cretion of the court. 

Any mill owner, superintendent or manufacturing establishment 
who shall knowingly or willfully violate the provisions of this act 
shall be guilty of a misdemeanor, and upon conviction shall be 
punished in the discretion of the court. 

NO NIGHT WORK UNDER FOURTEEN AFTER NINETEEN 
HUNDRED AND SEVEN. 

Sec. 4. After one thousand nine hundred and seven no boy or 
girl under fourteen years old shall work in a factory between the 
hours of eight P. M. and five A. M. 

Sec. 5. That this act shall be in force from and after January 
first, one thousand nine hundred and eight. 

1907, c. 4G.3; 1911, c. 135. 

[The wmendment of the above law, hy the General Assembly of 
1911, making sixty hours the limit of a week's work, instead of 
sixty-six tiours, goes into effect January first, one thousand nine 
hundred and twelve.'] 



COMPULSORY-ATTENDANCE LAW. 



AN ACT TO REQUIRE ATTENDANCE UPON THE PUBLIC 
SCHOOLS FOR SIXTEEN WEEKS IN EACH YEAR, BE- 
TWEEN THE AGES OF EIGHT AND FOURTEEN. 

The General Assembly of North Carolina do enact: 

SCHOOL DISTRICT OR TOWNSHIP MAY VOTE ON QUESTION. 

Section 1. The county board of education of any county may 
in their discretion, upon a petition of a majority of the qualified 
voters of any township or school district in such county, order and 
hold an election, submitting to the qualified voters of such town- 
ship or district the question of compulsory attendance. For 
such election the said board shall designate the time for hold- 
ing the same, shall appoint a registrar and tw^o pollholders for 
each voting place, and shall advertise the same by posting notices 
at the courthouse door and three other public places in the 
district or township thirty days before such election. If the. 
election be for a school district, then the county board of educa- 
tion shall also designate the voting place; if for a township, the 
polling places shall be those of the preceding general election. At 
such election those favoring compulsory attendance shall vote a 
ticket on which shall be written or printed the words "For Com- 
pulsory Attendance" ; those who are opposed shall vote a ticket 
on which shall be written or printed the words "Against Com- 
pulsory Attendance." The result of such election shall be reported 
to the county board of education by the judges of election, and 
no other report shall be required. In all other respects, except 
as provided herein, the election shall be held under the law gov- 
erning general elections, as nearly as may be. The expense of 
such election shall be paid out of the county school fund. If it 
appear that a majority of the votes cast at such election are in 
favor of compulsory attendance the county board of education 
shall order compulsory attendance upon the school or schools of 
the township or district named in the petition, as provided for in 
this act. Upon petition of a majority of the parents of the chil- 
dren of school age in any school district or township of any county, 
the county board of education of such county may in its discre- 
tion order compulsory attendance upon the school or schools named 



CoMPULSOKY Attendance. 97 

in such petition, or upon all the schools in the township named,- as 
provided for in this act. Whenever it shall appear from the cer- 
tificate of the county superintendent of public instruction of any 
county that the enrollment in any school district in said county 
for the preceding school year was less than sixty per cent, or that 
the avei-age daily attendance upon said school was less than thirty- 
five per cent of the school census of said district, the county board 
of education of the county in which such school is located, with- 
out petition or election, shall have the power in its discretion to 
order compulsory attendance upon such school under the provi- 
sions of this act. 

1907, c. 894; 1909, c. 525. 

COMPULSORY-ATTENDANCE AGE, EIGHT TO FOURTEEN ; 
TERM, SIXTEEN WEEKS. 

Sec 2. Every parent or person having control of a child over 
eight and under fourteen years of age shall cause such child to 
attend the public school in the district where such parent or 
person resides for sixteen weeks in each school year, such year 
beginning on the first day of July and ending on the thirtieth day 
of June, unless the parent or person having control of such child 
shall show that the child has elsewhere received during the year 
regular instruction for sixteen weeks in the branches of study 
taught in the public schools. Children over twelve years of age 
shall not be subject to the requirements of this act while lawfully 
employed at labor at home or elsewhere. 

PENALTY FOR VIOLATION OF LAW AND EXCEPTIONS. 

Sec. 3. Any person violating the provisions of the foregoing 
section two shall be guilty of a misdemeanor, and upon conviction 
shall be fined not less than five dollars nor more than twenty-five 
dollars : Provided, that if the parent or person having control 
of the child shall show that the child is destitute of clothing suit- 
able for attending school, and such parent or person is unable to 
provide suitable clothing, or that the child's mental or physical 
condition is such as to render its instruction inexpedient and im- 
practical, such parent or person shall not be convicted of a viola- 
tion hereof. 

Sec 4. Every person who shall regularly employ any child 
under twelve years of age or shall authorize or permit the regular 
employment of such child upon premises under his control during 
the school hours while the school that such child should attend 



98 Compulsory Attendance. 

is In session shall be guilty of a misdemeanor, unless the child so 
employed shall have attended school for sixteen weeks prior to 
such employment and during the current school year, or unless 
such child is excusable under section three. 

PENALTY FOB FALSE STATEMENTS AS TO AGE OF CHLLDEEN. 

Sec. 5. The person taking the school census of any district shall 
obtain the information as to the age of each child in the district 
from the parent or person having control of such child, and the 
Avritten reports sworn to by the census taker shall be prima facie 
evidence in any court of the age of each child therein enumerated. 
Every parent or person having control of a child who shall make 
any false statement concerning the age of such child with the 
intent to deceive the census taker or the teacher of any school or 
the employer of such child shall be guilty of a misdemeanor and 
fined not more than fifty dollars. 

EVIDENCE OF NONATTENDANCE. 

Sec. 6. At the end of the term of the public school the teacher 
or principal of such school shall make a report to the county 
superintendent of schools of such county, showing the names of 
the children between the ages of eight and fourteen who attended 
such school and the number of days each child attended. Such 
statement shall be sworn to by the teacher or principal and shall 
be prima facie evidence in any court both as to the facts stated 
therein and that any child not enumerated therein did not attend 
such school. 

METHOD OF PROSECUTION FOR NONATTENDANCE. 

Sec 7. It shall be the duty of the county superintendent of 
schools to furnish annually to the constable of such township in 
his county or to some other lawful ofilcer of the county a list 
of the children who have not attended school as required by law, 
and upon such information it shall be the duty of said constable or 
officer, upon an affidavit of some reputable person that any person 
has violated the provisions of this act, to cause the offending per- 
son to be prosecuted before some justice of the peace of such 
township. 

IN DISCRETION OF COUNTY BOARD TO ENFORCE LAW. 

Sec. 8. Whenever the county board of education shall order 
compulsory attendance upon any school or schools in any school 



Compulsory Attendance. 99 

district or township after an election, as provided in section one 
hereof, the provisions of this act shall be in full force and effect 
in the territorj^ described and for the schools named, but this act 
shall not apply to anj^ school or the penalties herein prescribed be 
enforced except upon the order of the county board of education, 
as herein provided. 

CLERK OF COURT TO KEEP LIST OF SCHOOLS. 

Sec 9. It shall be the duty of the county board of education 
of each county to furnish to the clerk of the Superior Court of 
such county a list of all schools which have been placed under 
the operation of this act. The said clerk shall keep a list of the 
same in his office and shall furnish to each justice of the peace 
of the county a certified list of all schools in the township of 
such justice of the peace which are so included ; and the said 
list as kept by the said clerk, or a certified statement made by 
him, shall be conclusive evidence in any court that the provisions 
of this act shall apply to the school or schools therein named : 
Provided, that this act shall not apply to any territory now having 
compulsory attendance established by law. 

Sec. 10. That this act shall be in force from and after its ratifi- 
cation. 

In the General Assembly read three times, and ratified this the 
11th day of March, A. D. 1907. 

1907, c. 894 ; 1909. c. 525. 



DEAF CHILDREN MUST ATTEND SCHOOL 



AN ACT TO COMPEL WHITE DEAF CHILDREN TO 
ATTEND SCHOOL. 

The General AsscniMy of North Carolina do enact: 

Section 1. That every deaf child of sound mind in North Caro- 
lina shall attend a school for the deaf at least five school terms 
of nine months each, between the ages of eight years and fifteen 
years. 



100 Compulsory Attendance. 

Sec. 2. That parents, guardians or custodians of a deaf child 
or deaf children between the ages of eight and fifteen years shall 
send said child or children, or cause to be sent, to some school for 
the instruction of the deaf, at least five terms or sessions of nine 
months each, between the ages of eight years and fifteen years. 

Sec. 3. That parents, guardians or custodians of any deaf chil- 
dren between the ages provided in section two of this act failing 
to send said deaf child or deaf children to some school for instruc- 
tion, as provided in this act, shall be guilty of a misdemeanor, and 
upon conviction shall be fined or imprisoned, at the discretion of 
the court, for each year said deaf child is kept out of school, be- 
tween the ages herein provided : Provided, that said parents, 
guardians or custodians may elect two years between said ages of 
eight and fifteen years that a deaf child or deaf children may re- 
main out of school : Provided further, that this section shall not 
apply to or be enforced against the parent, guardian or custodian 
of any deaf child until such time as the superintendent of any 
school for the instruction of the deaf, by and with the approval 
of the executive committee of such institution, shall in his and 
their discretion serve written notice on such parent, guardian or 
custodian, directing that such child be sent to the institution 
whereof they have charge. 

Sec. 4. That it shall be the duty of the school census taker to 
report name, age and sex of each deaf child in his district, and 
name of parents, guardians or custodians and their post-office ad- 
dress, to the county superintendent of education, who shall send 
said report of names and addresses to the Superintendent of the 
North Carolina School for the Deaf and Dumb, located at Mor- 
ganton, N. C. ; that said census taker or county superintendent 
failing to make reports as provided in this act shall be fined five 
dollars ($5) for each white deaf child not so reported. 

Sec. 5. That said fine as provided in section three (3) of this 
act and said fine of five dollars ($5) provided in section four (4) 
of this act, when collected, shall be paid to the public-school fund 
of the county in which such child lives. 

Sec 6. That this act shall take effect the first day of September, 
1907. 

1907, c. 1007. 



SCIENTIFIC TEMPERANCE INSTRUCTION. 



AN ACT RELATING TO SCIENTIFIC TEMPERANCE 
INSTRUCTION IN THE PUBLIC SCHOOLS. 

The General Assemhhj of North Carolina do enact: 

Section 1. In addition to tlie branches in which instruction is 
now required by law to be given in all schools supported wholly or 
in part by public monej^ instruction shall also be given as to the 
nature of alcoholic drinks and other narcotics and their effect upon 
the human system, in connection with the various divisions of 
physiology and hygiene, and such subject shall be taught in each 
school year below the second year in the high schools, and shall be 
taught as thoroughly as arithmetic and geography are taught in 
said schools : Provided, that the minimum amount of such instruc- 
tion shall be two lessons each week for ten weeks, or the equiva- 
lent of the same, in schools employing one teacher, and three les- 
sons each week for ten weeks, or the equivalent of the same, in 
schools employing two or more teachers. Such instruction shall 
be given by the use of text-books in the hands of all pupils in all 
grades from the fourth grade to the first year in the high school, 
inclusive, or in corresponding classes in graded schools, and 
orally to all pupils in the first three or primary grades, by teach- 
ers using text-books adapted to such oral instruction as a guide 
and standard ; and all pupils must pass such tests as may be re- 
quired in other studies before promoting to the next succeeding 
year's work, and such instruction shall be given as aforesaid to 
all pupils in all public schools of the State. 

Sec. 2. The text-books used for the instruction required to be 
given by the preceding section shall be graded to the capacities of 
the pupils, and for students below high-school grade such text- 
books shall give at least one-fifth their space, and for students of 
fifth school grade they shall give not less than twenty pages to 
the nature and effects of alcoholic drinks and other narcotics ; but 
no book in which the required amount of this subject shall ap- 
pear, in whole or part, as a separate chapter at the end of the 
book shall be considered as complying with the requirements 
of this statute, and no topical outline of study for the guid- 
ance of teachers which reduces the amount of temperance instruc- 



102 Tempekance Instruction. 

tion below that which is required by the text-boolis provided for 
in this act shall be considered as complying with the intent of the, 
law. No text-book on physiology and hygiene not conforming to 
this act shall be used in the public schools except so long as may 
be necessary to fulfill the conditions of any legal adoption existing 
at the time of the passage of this act. 

Sec. 3. In all normal schools, teachers' training classes, teach- 
ers' institutes, teachers' associations, summer schools and all other 
organizations for the equipment of teachers, adequate time and 
attention shall be given to instruction in the best methods of 
teaching phs^siology and hygiene with special reference to the na- 
ture of alcoholic drinks and other narcotics ; and no teacher shall 
be licensed who has not passed a satisfactory examination in this 
subject and the best method of teaching it. 

Sec. 4. That it shall be the duty of the proper officer in control 
of any school or schools described in the first and third sections 
of this act to enforce the provisions of this act ; and any such offi- 
cer, school director, committee, superintendent or teacher who 
shall refuse or neglect to comply with the requirements of this 
act or shall neglect or fail to make proper provision for the in- 
struction required and in the manner specified by this act for all 
pupils in each and every school under his control and supervision 
shall be removed from ofiice and the vacancy filled as in other 
cases ; and if it be satisfactorily proved that trustees or board of 
education or board of educational institutions, receiving money 
from the State have failed to enforce this act, as far as they have 
authority, it shall be deemed sufficient cause for withholding the 
warrant for the State appropriation of school money to which 
such district or educational institution would otherwise be en- 
titled. 

Sec. 5. This act shall be in full force from and after its ratifi- 
cation. 

In the General Assembly read three times, and ratified this the 
11th day of March, A. D. 1907. 

1907, c. 957. 



HEALTH LAW. 



CONTAGIOUS DISEASES. 

3440. Board of health to notify school committees of con- 
tagious DISEASES. The boards of health of cities and towns 
wherever organized, and, where not. the mayors of the same, and 
in other cases the county superintendent of health, shall give the 
school committee of the city or town, the principals of private 
schools, and the superintendent of public instruction of the county, 
when the schools are in session, notice of all cases of contagious 
diseases reported to them according to law. A failure to perform 
this duty for twenty-four hours after the receipt of the notice 
shall be deemed a misdemeanor, and subject the delinquent upon 
conviction to a fine of not less than ten nor more than fifty 
dollars. 

1893, c. 214, s. 12. 

3441. Children exposed to contagious diseases not to attend 
SCHOOLS. The school committees of public schools, superintend- 
ents of graded schools, and principals of private schools shall not 
allow any pupil to attend the school under their control while 
any member of the household to which said pupil belongs is sick 
of either smallpox, diphtheria, measles, scarlet fever, yellow fever, 
typhus fever, cholera, mumps, whooping-cough, itch, or during a 
period of two weeks after the death, recovery, or removal of such 
sick person : and any pupil coming from such household shall be 
required to present to the teacher of the school the pupil desires 
to attend a certificate from the attending physicia"n, city health 
oflicer, or county superintendent of health of the facts necessary 
to entitle him to admission in accordance with the above regula- 
tions. A willful failure on the part of any school committee, 
superintendent of a graded school, or principal of a private school, 
to perform the duty required in this section, shall be deemed a 
misdemeanor, and upon conviction shall subject each and every 
member of the same to a fine of not less than one nor more than 
twenty-five dollars: Provided, that the instructions in accord- 
ance with the provisions of this section given to the teachers of 
the schools within twenty-four hours after the receipt of each 



104 Contagious Diseases. 

and every notice shall be deemed performance of duty on the 
part of the school committee. Any teacher of a public school and 
any principal of a private school failing to carry out the require- 
ments of this section shall be deemed guilty of a misdemeanor, 
and upon conviction shall be fined not less than one nor more 
than twenty-five dollars. 

1893, c. 214, s. 13; 1903, c. 690. 



INDEX TO PUBLIC SCHOOL LAW. 



A 

Section 

Abstract tax lists to be furnisliefl county board 4110 

Accounts of State board ." 4034 

Action on bond county treasurer 4153 

Additional powers of county board 4125 

Admission of students to farm-life scliool, page Hi. 

Age for free tuition 4085 

Agriculture, elements of, to be taught 4087 

Aim of farm-life school, page 8. 

Alcoholic drinks, effects of 4087 

Annual appropriation $125,000, per capita 4097-98 

Annual appropriation $100,000 to equalize schools 4099-4106 

Annual reports State Superintendent to include operations of loan 

fund 4092 

Application of chapter 89 4029 

Apportionment, basis of 4117 

Apportionment county school fund 4116 

Apportionment income permanent fund 4094-95 

Apportionment special-tax funds 4113-15 

Apportionment unused funds 4116 

Appropriation for libraries 4179 

Appropriation for farm-life schools, page 17. 

Arithmetic to be taught 4087 

Attendance, compulsory 4085 

Attendance on institutes 4167 

Attorney-General member of State board 4030 

Auctioneers' license taxes 4107 

Auditor member State board 4030 

B 

Basis of apportionment school fund 4117 

Biennial report State Superintendent 4089 

Board of trustees farm-life school 

Bond of treasurer of school fund 4152 

Bonds for farm-life school, page 11. 

Bookcases for libraries 4174 

Branches to be taught in public schools 4087 

Building fund provided for 4116 

Building fund can bear only half cost of new house 4124 

Buildings and equipment of farm-life school, page 9. 

C 

Canvass of vote in special-tax elections 4115 

Census taken by committee 4148 

Certification of teachers 4162 

Child labor, page 94. 

Cities and towns may levy special tax 4114 

Civil government to be taught 4087 

Civil liability of sheriff for failure to settle school taxes 4111 

Closing School, nonattendanci' 4164 

Closing school, time of, fixed 4123 

Collection of school taxes 4111 

Collection of special taxes 41i:'>-15 

Committee, apportionment special-lax funds 4113-15 

care of property 4147 

census deaf and dumb and blind children 4148 

chairman of 4146 

compensation of 4145 

contract with private school 4151 

dismissal of teacher 4161 

district or township 4145 



106 Index. 

Section 

Committee, election of 4145 

employment of teachers 4161 

expenditures by 4149 

illiterates reported by 4148 

notification of apportionment 4116 

oath of 4088 

Committee not to overdraw account 4150 

records 4149 

removal 4126 

report value of school property 4148 

secretary of 4146 

sign order for salary of teacher 4164 

special-tax districts 4115 

term of office 4145 

township high school 4113 

Composition to be taught 4087 

Compulsory attendance 4085 

Compulsory attendance, page 96. 

Condemnation of school site 4131 

Constitution North Carolina and United States to be taught 4087 

Construction of school law 4090 

Contagious diseases, page 103. 

Contingent expenses State board 4031 

Contingent fund 4116 

Contract for schoolhouses in writing 4124 

Corporate name of farm-life school, page 17. 

Cost of building, one-half from building fund 4124 

Criminal liability of sheriff for failure to settle taxes 4111 

Corporate powers 4030 

County board, additional powers of 4125 

apportionment of county fund 4116 

compensation of 4134 

contracts for schoolhouses 4124 

dismissal of teacher 4127 

districts, special-tax, formed 4115 

donations to 4130 

duties of 4121 

election of 4119 

election county superintendent 4135 

equalize school term 4116 

estimate for four-months term 4112 

examination reports of superintendent and treasurer 4134 

farm-life schools, page 8. 

fix time opening schools 4123 

grade schools 4116 

investigations 4127 

list fines reported to 4108 

loans to districts 4055 

may close school, nonattendance 4164 

may punish for contempt 4128 

may require reports of treasurer 4160 

members may be removed 4126 

members take oath of office, Avhen 4120 

meetings, number of 4133 

must use approved plans of houses 4124 

notification to committeemen of apportionment 4116 

oath of 4088 

obey instructions State Superintendent 4090 

power to create and abolish districts 4129 

qualifications for membership 4119 

race discrimination prohibited 4116 

removal county superintendent 4126 

secretary of 4139 

sale of school property 4130 

shall fix salary of all teachers 4116 

site for school may be condemned 4131 

taxation for schools 

term of office 4119 

unused funds 4116 

vacancy 4119-20 



Index. 107 

Section 

County commissioners appoint special-tax election officers 4115 

County commissioners must levy tax tor four-months school 411i; 

County commissioners order special-tax district elections 4110 

County officers to file list of fines, etc 41US 

County school fund, what 4107 

Course of study 4087, 411o 

County superintendent, advises comiiiil (ecmcn 4142 

attendance on IState association 4141 

conducts examinations 4162 

distributes blank forms 4142 

election of 41o5 

examinations, private 41(32 

fee for private examination 4102 

holds teachers' meetlnj;s 4l4o 

inspection new houses 4124 

keeps an index of deeds 4132 

must not teach school 41o8 

must reside in county 4138 

must visit schools 4141 

office at county-seat 4139 

qualifications of 4135 

removal from office 4126 

report deaf and dumb and blind eail(ir,'n 4144 

report to State Superintendent 4143 

salary of 4144 

secretary county board 4139 

signs all orders on treasurer 4154 

term of office 4135 

County treasurer made treasurer of school fund 4152 

compensation 4152 

D 

Date for repayment of loans 4054 

Day, what constitutes 4163 

Deaf and dumb and blind children reporteii 4144 

Deaf children must attend, page '.>9. 

Deeds to school property filed with clerk of court 4132 

Discrimination against any race forbidden 4085 

Dismissal of teachers 4161 

Distribution $125,000, per capita 4097-98 

Distribution blank forms by county superintendent 4142 

Districts, account keiit by treasurer 4157 

bear one-half cost of building 4124 

created or abolished by county l)oard 4129 

equal term in township 4116 

how formed 4129 

loans to 4055 

may jointly employ superintendeui 4137 

may vote special tax 4115 

must have 65 census 4129 

Donations may be accepted by county board 4130 

Drawing must be taught 4087 

Duties and powers of county board 4121 

Duties State Superintendent 4089-92 

E 

Effects of narcotics taught 4087 

Election, county board 4119 

county superintendent 4135-36 

farm-life school 

special-district tax 4115 

special tax in cities and towns 4114 

township high-school tax 4113 

Employment of teachers, method 4161 

Enforcement of school law by State Superintendent 4090 

English grammar to be tanght 4087 

Enlargement libraries 4177 

Enlargement special-tax districts 4115 



108 Index. 

Section 

Equal school term for all schools of township 4116 

Estimate for four-months term 4112 

Estrays, proceeds of sale of 4107 

Examinations, private 4162 

Examinations, time of 4162 

Examinations, teachers 4162 

Examiners, State Board of 4162' 

Exchange, libraries 4176 

Execution school law 4125 

Exemption certain schools from chapter 89 4029 

Expenditures by committee 4149 

Extension and demonstration work, page 16. 

P 

Failure county treasurer to make report misdemeanor 4160 

Failure member of county board to qualify creates vacancy. 4120 

Farm-life school : Pages 

aim 8 

admission of students 16 

appropriation of State funds 17 

board of trustees 8 

buildings, etc 9 

bonds to be issued 11 

corporate name 17 

certification of teachers 15 

extension and demonstration 16 

election in county 10 

election in township 11-13 

high school in connection with 14 

location 9 

treasurer of 17 

Pee for private examination 4162 

Fines belong to school fund 4107 

Fines, list of. reported to countv board 4108 

First $125,000 : 4097-98 

Fiscal year 4118 

Forfeitures belong to school fund 4107 

Formation special-tax districts 4115 

Forms to be printed by State Superintendent 4089 

Four-months school required 4112 

Freeholders, petition for local tax 4113-15 

Funds, apportionment special tax 4113-15 

repayment of loans 4055 

reserve to secure four-months school 4116 

G 

General power county board to execute school law 4125 

Geography to be taught 4087 

Government, elements of civil, taught 4087 

Governor member State board 4030 

Grade of school considered in fixing salary of teacher 4116 

Health law, page 103. 

High-school certificate 4162 

High-scliool law, page 90. 

High schools for townships 4113 

High-school subjects taught in what schools 4113 

History to be taught 4087 

Houses must be built according to approved plans 4124 

How township high-school tax may be voted 4113. 

Hygiene to be taught 4087 

I 

Illiterates reported by committee 4148 

Income permanent fund, how apportioned 4094 

Index deeds to school property 4132 



Index. 109 

Section 

Indians of Robeson County have separate schools 4085, 4168, 4171 

Inspection new schoolhouses 4124 

Installment on loans 4054 

Institutes \\ 4167 

Investigations, county board ., . 4127 

Investment fund, State board 4035 

L 

Language lessons taught 4087 

Liability sheriff for school taxes 4111 

Libraries, appropriation for 4179 

bookcases for 4174 

cities and towns excluded 4178 

enlargement of 4177 

exchange of 4176 

how established 4172 

managers of 4172 

number established limited 4178 

rules for 4175 

State contribution 4173 

License, proceeds auctioneers' 4107 

Lieutenant Governor member of State board 4030 

Limitation on building fund 4116 

Liquor license tax, proceeds of 4107 

List fines, penalties, etc., to be furnished 4108 

List taxes, separate columns for school taxes 4109 

Literary fund, property of 4033 

Loans, building schoolhouses 4053-56 

how repaid 4054 

how secured 4055 

school districts 4056 

Location of farm-life school 

M 

Maximum salary teacher fixed by county board 4116 

Meetings county board, number of . . . . ." 4133 

Meeting teachers 4140 

Members county board, oath of 4088 

Members State board, who 4030 

Minimum salary to holder State certiflcate 4162 

Minimum salary to holder high-school certiflcate 4162 

Month, what constitutes 4163 

N 

Negroes may not attend white schools 4085 

Nonattendance, closing schools for 4164 

No race discrimination 4185, 4116 

Notes for school loans deposited with State Treasurer 4054 

O 

Oath of office school officers 4088 

Office days county treasurer 4156 

Oflicers school system to obey instructions 4090 

Officers school system to obey instructions State Superintendent. . . 4090 

Officers State board " 4031 

Office State Superintendent must be at capital • 4089 

Opening of schools, time fixed 4123 

P 

Payment apportionment from permanent fund 4095 

Payment schoolhouse loans 4054 

Penalties, list of, to be filed with county board 4108 

Penalties, proceeds, belong to school fund 4107 



110 , Index. 

Section 

Pel' capita apportionment to township 4116 

Permanent school fund, what 4093 

Petition for local-tax election 4113-15 

Physiology taught 4087 

Place of meeting State board 4031 

Plans used for building schoolhouses 4124 

Poll holders for special-tax election 4115 

Powers and duties county board 4121 

Power of county board to punish for contempt 4128 

Powers of State board 4033 

President of State board 4031 

Private school, contract with 4151 

Private examinations 4162 

Proceedings State board must be kept 4032 

Property of literary fund 4033 

Public-school law to be printed 4089 

Public-school studies 4087, 4113 

Public-school system uniform 4085 

Pupils may be dismissed 4166 

Pupils, rules for attendance 4122 

Q 

Qualiiications membership county board 4119 

Qualifications office county superintendent 4135 

■Qualifications teacher considered in fixing salary 4116 

Quorum State board 4031 

R 

Races must have equal school term .• 4116 

Races, separate schools for 4085 

Rate special tax 4113-15 

Reading to be taught 4087 

Recommendations State Superintendent 4089 

Register of deeds to furnish abstract of tax lists 4110 

Registrar for special-tax elections 4113-15 

Registration for special-tax elections 4113-15 

Removal school oflicers 4126 

Repayment loans 4054 

Report county superintendent to State Superintendent 4143 

Reports county treasurer and superintendent examined 4134 

Report State Superintendent to Governor 4089 

Report, teacher's monthly 4164 

Reserve fund to secure four-months school 4116 

Rules, apportionment $100,000 to equalize schools 4099-4106 

Rules, establishment township high schools 4113 

Rules, libraries 4175 

Rules and regulations, school attendance 4122 

Rural libraries 4172-79 

S 

Salary county superintendent 4144 

Salary teacher fixed by county board 4116 

Salary teacher, paid, how 4164 

School age 4085 

School committee, election of 4145 

committee, oath of 4088 

committee, township high school 4113 

day, length of 4163 

district must have 65 census 4129 

districts, how formed 4129 

fund, apportionment 4116 

fund, permanent 4093 

house loans 4053 

houses, buildings of 4124 

law to be published 4089 

month, length of 4163 



Index. m 

School committee : Section 

officers to obey instructions 40qf> 

property, charge of committee 4147 

property may be sold 41^0 

separate for each race 408^ 

sites, how acquired 4V0V 

taxes in separate column 4100 

School term must be four months 41 Vo 

term, equal in townships 411R 

term, races equal 41 Ifi 

township high ..-...........[. 4113 

yp3^i' 4118 

Schools exempt from provisions chapter SO 409o 

Second ,$100.000 '4'099-41Ofi 

Secretary county board 4100 

Secretary State board '.'.'.'.'.'. 4081 

Secretary of State member State board 4o'so 

Security for loans 4055 

Separate schools for races 409*1 

Sheriffs liability for school taxes '. 4111 

Special permanent school fund ' ' ' 4093 

Special tax, apportionment 4113 15 

county 4ll'? 

districts 4115 

four-months school 4112 

towns and cities 4114 

township high school 4113 

Spelling taught '.'.'.'.''. 4087 

State appropriation for schools 4097-4106 

State Association County Superintendents 4141 

State board 4030-35 

corporate powers 4030 

examiners . . 4162 

makes schoolhouse loans 4053-56 

proceedings kept 403'> 

powers of ; 4033 

quorum 4031 

State certificate 4162 

State Superintendent ...............'. 4089-92 

biennial report . 4089 

enforcement school law by . 4090 

member State board . . 4080 

office at capital ' ' ' " 4089 

print school law 4089 

recommendations 4089 

report to include loan-fund operations 4092 

State Superintendent secretary State board ." .' 4031 

Studies required 4087 4113 

Supplementary libraries ..[[.[....... ' 4177 

T 

Tax lists, abstracts furnished county board . 4110 

separate columns for school taxes 4109 

Tax, special, for schools 4112-15 

Teacher, age of 4163 

assistant only, with third-grade certificate ...........'..'.'.'.'.'. 4163 

certificate, kinds 4162 

character may be investigated ....[.......... 4127 

dismissed by committee, how '...-........ 4161 

dismissed by county board, how 4127 

employed, how . . 4161 

examination 4162 

high-school certificate [....[......... 4162 

institute attended by 4167 

keep register '/, 4165 

may dismiss pupils 4166 

meetings 4140 

monthly report ' . 4164 

must not be member county board 4119 



112 Index. 

Teacher : Section 

no exemption from examination 4163 

qualifications considered in fixing salary 4116 

record census in scliool register 4148 

report to county superintendent 4165 

rules and regulations for 4122 

salary, how paid 4164 

salary for holder of second-grade certificate 4163 

salary, maximum, fixed by county board 4116 

State certificate 4162 

suspended, how . 4141 

Temperance instruction, page 101. 

Term, committeeman 4145 

continuous 4163 

county board 4119 

county superintendent 4135 

each race equal 4116 

equal in each township 4116 

four months in each district 4112 

Text-book Commission 4057-84 

Time opening and closing schools 4123 

Township, apportionment to 4116 

Township high-school committee 4113 

Treasurer, all orders must be signed by county superintendent 4155 

bond : 4152 

county treasurer made treasurer school fund 4152 

district account kept 4157 

duties on expiration of term 4159 

exhibit books to county board 4160 

failure to report 4160 

farm-life school, page 17. 

general account 4154 

literary fund 4034 

office days 4156 

report examined 4134 

report to State Superintendent 4158 

State board 4031 

State board to render account 4034 

U 

Uniform system public schools 4085 

Unused funds reapportioned 4116 

V 

Vacancy county board, how filled 4119 

Vacancy office superintendent, how filled 4135 

Visiting schools required 4141 

W 

Warrants for loans issued by Auditor 4053 

Weak districts aided by county funds • 4116 

Writing to be taught 4087 

Y 

Year, school year, what 4118 



